Warner v. Logue Realty Co.

Citations

• 11 Del. Ch. 474
• 107 A. 449
• 1917 Del. Ch. LEXIS 34

Syllabus

<p>Where land subject to judgment liens against certain of the co-tenants is sold in partition sale for an amount equal to the amount of the judgments less than it would have been sold for, were the judgments not liens on the land, the amount of the judgments, debt, interest, and costs, should be added to purchase price before distribution of fund.</p> <p>Tenant in common, who, after having made improvements on land enhancing its value, conveyed land as a matter of business expediency to his son, who conveyed it to corporation of which the tenant in common was virtually owner, the corporation will be permitted, on partition sale of land, to stand in position of tenant in common and receive allowance for improvements.</p> <p>On partition sale of land, allowance'will be made to tenant in common for improvements he has placed upon land and which have enhanced value thereof, though interest of co-tenants has been conveyed subsequent to the improvements, where co-tenants did nothing to enhance value of land; such allowance not being a lien upon the land, but being in the nature of an equitable charge upon it.</p>