Walker v. Williams

Citations

• 84 Miss. 392

Syllabus

<p>1. Partition. Jurisdiction. Code 1892, l 3101. Claims. Payment of liens. Taxes, use and occupation.</p> <p>In a partition suit, under Code 1892, § 3101, extending the jurisdiction of the chancery court in such cases, it is proper:</p> <p>(a) To adjust all equities between the co-tenants relating to the common property and all questions arising between them from the discharge of liens and payment of taxes;</p> <p>(l)) To vacate a purchase by one of the co-tenants, under a mortgage upon the joint property, reimbursing the purchaser for money paid in discharging the lien;</p> <p>(c) To reimburse one of the co-tenants for taxes paid by him on the joint property;</p> <p>(d) To charge one of the co-tenants for the use and occupation of the joint property beyond the extent of his individual interest therein.</p> <p>2. Same. Husband and wife.</p> <p>That the husband of a co-tenant occupied the joint estate with her, and that he, under the law, is the recognized head of the family, did not limit her liability for compensation to the other co-tenants for her use and occupation of the estate.</p> <p>3. Same. Code 1892, § 3119. Solicitor’s fee.</p> <p>The power to allow a solictor fee in suits for partition, under Code 1892, §3119, regulating the subject, should be exercised with caution and confined as nearly as possible to those cases in which there is no contest and no necessity for the defendants to have counsel of their own. When there is a real controversy and propriety in defendants being represented by their own counsel they should not be required to contribute to pay counsel of their adversary. Hoffman v. Smith, 61 Miss., 544 ; Néblett v. Néblett, 70 Miss., 572.</p>