Womach v. Sandygren

Citations

• 107 Wash. 80
• 180 P. 922

Syllabus

<p>Abatement and Revival (11)—Another Action Pending—Demurrer. A complaint is not demurrable on tbe ground that another action is pending, where the fact does not appear on the face of the complaint.</p> <p>Judgment (227, 229) —Conclusiveness — Matters Not In Issue. Where, in a former action, the court denied relief on account of rents received prior to 1916 because not involved therein, the former judgment is not a bar to an action for rents for the year 1915.</p> <p>Tenancy in Common (7, 11-1)—Rents and Profits—Accounting. Where one tenant in common farmed parts of the land, claiming it as her own, excluding her cotenants and refusing to pay any part of the proceeds, she is liable to an accounting for the profits.</p> <p>Same (8)—Repairs and Improvements. Pending receivership litigation for the partition of common property, a tenant in common makes repairs and improvements at her peril, and cannot offset the same against an action for profits, where they did not enhance the value of the property.</p> <p>Judgment (222)—Conclusiveness—Matters Litigated and Determined. The liability of a tenant in common to share in the payment of a mortgage litigated and determined in a partition suit is concluded and cannot he again raised in an action for an accounting between the same parties.</p> <p>Tenancy in Common (7)—Rents and Profits. In an action for an accounting of profits received by a tenant in common who farmed the land, rentals should he based upon one-third of the crop, where that was the custom in that country for lands of that kind.</p> <p>Same (7). In an action for an accounting of profits received by a tenant in common who farmed the land, he should he required to account for a crop at the price at which it was actually sold.</p>