Wilson v. Lank

Citations

• 12 Del. Ch. 413
• 107 A. 772
• 1919 Del. Ch. LEXIS 14

Syllabus

<p>Determination of the issues of enhancement of value by improvements by a tenant, and his right to allowance therefor in partition, is within the jurisdiction of the Orphans’ Court.</p> <p>Where one tenant in common improves the premises, the cost of improvements is not necessarily the measure of his rights to compensation or allowance on partition, but it is the enhancement in value therefrom, which must be shown, that is to be considered.</p> <p>It is the wiser, simpler, and more satisfactory course, in partition, in which claim for improvements is made, for the court to hear the cause; rather than to appoint commissioners to act under instructions.</p>