Williams v. Harlan

Citations

• 88 Md. 1
• 41 A. 51
• 1898 Md. LEXIS 186

Syllabus

<p>Lien of one Co-tenant for money expended on Permanent Improvements — Subrogation of Lender of money to lien of Co-tenant — Parties to billfor Enforcement of Lien— Injunction to Restrain Partition — Demurrer—Appeal.</p> <p>When one tenant in common of an estate expends money in making permanent improvements thereon, at the request of his co-tenants and for the benefit of all, he is entitled to a lien for the amount so expended upon the shares of the other tenants.</p> <p>And a third party who lends money to one tenant in common for the purpose of making such improvements, at the request of the other tenants, is subrogated to the rights of such tenant and is entitled to a lien on the property for the amount so expended.</p> <p>Upon a bill to subject land owned by tenants in common to a lien for improvements erected thereon with money loaned by the plaintiff, one of the tenants, who has conveyed all his interest in the property to a trustee for creditors, is not a necessary party.</p> <p>An injunction lies to restrain a contemplated partition of real estate owned in common whereby the lien of the plaintiff thereon for money loaned by him for improvements made by the tenants will be destroyed.</p> <p>No grounds for a demurrer to a bill in equity will be considered on appeal from an order sustaining the demurrer unless such grounds were set forth in the demurrer, under Code, Art. 16, sec. 136.</p>