Cases Adjudged in the Supreme Court of Florida Volume 44

Cases Adjudged in the Supreme Court of Florida Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...the ownership of a parcel of land, after the Circuit Court has decreed that the complainants are co-owners with the defendant of such parcel and during the pendency of defendant's appeal from that decree, he improves the property by filling in a. part of it which by reason of the filling in of adjoining property by the owners, is left without means of drainage, thereby adding materially to the desirability and value of the entire tract, but such improvement is made without the consent of the complainants, not in obedience to the lawful order of some body possessing authority to require the filling in of property which has become a menace to the public health, and where such improvement Anderson, Executor, v. Northrop--Syllabus. has added nothing to the rental value of the balance of the property and has not caused the parcel improved to produce any rents, the value of such improvement can not be allowed in reduction of rents, incomes and profits for which he is required to account to complainants, nor as a claim against complainants; and this is true whether the defendant be regarded as a constructive trustee, tenant in common ousting his cotenants, or as a party who at the institution of the suit believed himself to be the sole owner of the property. 9. Compensation for individual services in managing or taking care of the joint property is never awarded to a cotenant except as the result of a direct agreement or unless from all the circumstances a mutual understanding to that effect is satisfactorily shown. 10. A party who holds the possession and management of property despite the wishes of others-who claim to be co-owners claiming the entire ownership thereof, until declared by the courts to be a constructive trustee of the...
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Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236916433
  • 9781236916433