Richards v. Richards

Citations

• 31 Pa. Super. 509
• 1906 Pa. Super. LEXIS 246

Syllabus

<p>Tenants in common — Relations with each other — Adverse title.</p> <p>The rule is firmly established that where one has a joint interest in an estate with another an obligation arises to uphold the joint interest. The law does not permit one to acquire an adverse title and set it up against his cotenant. The presumption is that each joint owner acts for all where a common interest is involved. The relationship of the parties forbids that one act in antagonism to another with reference to such interest.</p> <p>A tenant in common cannot acquire through a sheriff’s sale for taxes or a municipal lien, a title adverse to his eotenants. If title is acquired by a cotenant at such a sale, the amount which he has advanced for the preservation of the property is chargeable against it, and such charge may be enforced in an equitable proceeding.</p> <p>Where one of several tenants in common purchases the property at a tax sale, the interest of another tenant in common in the property cannot be defeated by the mere fact that he acquiesced in a plan by which his own children through another person were to purchase the property, which plan was in fact never carried out.</p>