Sharp v. Zeller

Citations

• 114 La. 549
• 38 So. 449
• 1905 La. LEXIS 504

Syllabus

<p>JUD GHENT— CONSTRUCTION — RES JUDICATA— —JOINT TENANCY — BENTS AND PROFITS.</p> <p>1. In construing a judgment the whole context should be considered, and in case of doubt preference should be given to that construction which is more in consonance with a proper decree on the law and facts of the case.</p> <p>2. Issues not raised by the pleadings, and not necessarily involved in the decision of the cause, are not concluded by the judgment. Where plaintiffs sued to be recognized as joint owners and for a partition, and the judgment ordered the defendant to account for rents, he is not es-topped to set up in the partition proceedings claims for disbursements for taxes, insurance, and necessary repairs.</p> <p>3.The joint owner in possession is accountable for rents, and is entitled to recover money expended for taxes, insurance, and necessary repairs which inured to the benefit of his co-owners. He cannot, in the absence of contract, charge commissions on collections or compensation for superintendence.</p> <p>(Syllabus by the Court.)</p>