Paxton v. Gamewell

Citations

• 82 Va. 706
• 1 S.E. 92
• 1887 Va. LEXIS 136

Syllabus

<p>Guardian and Ward—Tenants in common—Bents and profits — Case at bar.—In 1870 D. and W. jointly owned and occupied a store-room. -D. dying, left a son and daughter—minors. J. qualified as guardian of son, and W. of daughter. W. continued to occupy store-room at the annual rent of §400, agreed on between himself and J. On that basis W. regularly settled the rent with J. until 1874, when his ward married G., with whom W. settled in full the rent on same basis until 1879, when G. became a lunatic after which W. settled the rent with G.’s wife until 1883', when she brought suit to compel W. to account to her for one-fourth of the actual rents and profits of the store room—</p> <p>Held:</p> <p>W. cannot be made to account at a rate higher than that agreed on.</p>