Neil v. Shackelford

Citations

• 45 Tex. 119

Syllabus

<p>1. Tenancy in common — Consideration of release. — That one of two tenants in common in several city lots occupied less than one half of the lots so held, and erected thereon valuable improvements, and engaged at his own expense in storing goods, formed a sufficient consideration for a release by the other tenant in common of all claim to the profits arising from the storage.</p> <p>2. Same. — In an action by one tenant in common against the other for an account of profits made by him while carrying on business on his own account on a part of the property so held in common : Held, correct to instruct the jury — (1) that the owner of an undivided half of the lots had a right to use and occupy any portion of the same, subject to the equal right of use and occupation by the plaintiff; and that defendant would not render himself liable for use, &c., until plaintiff should demand to enter and equally use the lots; (2) that to recover, the plaintiff must prove an express agreement by the defendant to account for one half of the value of the use, &c.; (3) that defendant was not bound to account to plaintiff for the profits resulting from improvements put upon the lots or for labor and care in conducting any business thereon, unless there was an agreement to that effect.</p>