Wilton v. Tazwell

Citations

• 86 Ill. 29

Syllabus

<p>1. Debtor and creditor — without party’s consent. The general ruléis, that one person can not create another his debtor without the consent of that other; hut, like other general rules, it has its exceptions, one of which, in equity, is between tenants in common.</p> <p>2. Tenants in common—contribution. Where tenants in common or joint owners hold property incumbered or burdened in such a manner as to endanger the title, either of the owners may take up the outstanding title, remove the incumbrance, or make advances to preserve the property from destruction, and compel the other owners to contribute their share of the cost in proportion to their interest therein.</p> <p>3. Where one tenant in common of lands subject to dower, not assigned, and the widow’s right of homestead, procures their release at a reasonable price, and the other tenant in common avails of such release, he must contribute his proper share of the cost of extinguishing such outstanding rights. The party claiming an equality of benefit in such case must submit to an equality of burden.</p>