Stenger v. Edwards

Citations

• 70 Ill. 631

Syllabus

<p>1. Mortgage—priority as between mortgagee of tenant in common and his co-tenant. Where a tenant in common, with the consent of his co-tenant, improves the estate before the execution of a mortgage by the latter, one-half the outlay will be a prior lien to that of the mortgage, and will be first paid out of the proceeds of the sale under the mortgage.</p> <p>2. Tenants in common—no lien for rents received. If one tenant in common receives the rents of the estate, the other tenant can have no lien on the land for his share of the same. His remedy is by action of account.</p> <p>3. Partition—attorney’s fee. Where a proceeding for the partition of land is an amicable one, a solicitor’s fee may be taxed as costs, to be paid pro rata by all the parties, but not if there is a contest.</p>