Ramberg v. Wahlstrom

Citations

• 140 Ill. 182
• 29 N.E. 727

Syllabus

<p>1. Tenants IN common—right of one to buy adverse interest. Tenants in common stand in such, confidential relations as to one another’s interest, that one of them is not permitted, in equity, to acquire an interest in the property hostile to that of the other. Therefore a purchase by one of an incumbrance on the joint estate, or an outstanding title to it, is held, at the election of the other tenant, within a reasonable time, to inure to the benefit of both, upon contributing an equal part of the consideration actually paid.</p> <p>2. Same—tenants in common of leasehold estate—right of one to acquire the fee. One of two tenants in common in a leasehold estate may, before the expiration of their estate, purchase of the landlord the fee ■for Ms own exclusive benefit, but he will not thereby acquire any right ..greater than Ms grantor had.</p> <p>3. There being no hostility between the title of a landlord and that •of his tenants, no conveyance by him of the fee can possibly affect the rights of his tenants, and as to the fee held by the landlord, tenants in common for a term of years can owe no different duty to each other t;han they do in respect to any other distinct estate, for their privity ■does not extend to the estate remaining in their landlord.</p>