Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 82

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 82

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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. 1910 edition. Excerpt: ...General Statutes, 954, without taking into consideration all the equities arising between the parties with respect to such land. Accordingly, under a denial of an allegation that the defendant had collected and appropriated the plaintifi's portion of the rents to his own use and benefit, the defendant is entitled to show that he had erected a building upon the land at his own expense and to claim that such 'expense, in whole or in part, should be allowed him upon any accounting that might be ordered. The duty of adjusting the accounts, and finding and reporting the balance due, will then de-volve upon the auditor or committee. There is no presumption, as matter of law, that valuable improvements made by a husband at his own expense and with the knowledge and consent of his wife, on land owned by them equally in common, were intended as a gift to her. That a balance may be found due from the plaintiff to the defendant is an incident to every action for an account, and a contingency for which the interlocutory decree may well provide. Argued October 7th--decidcd December 17th, 1909. ACTION by a wife against her husband for an account of the rents and profits of land owned by them as cotenants, brought to the Superior Court in Hartford Cotmty. From an interlocutory judgment (Bennett, J.) for an account on a certain basis, an appeal was taken to this court, under General Statutes, 789. N o error. Albert C. Bill, for the appellant (plaintiff). Joseph L. Barbour and Sidney E. Clarke, for the appellee (defendant). BALDWIN, C. J. The complaint asks for an account of rents and profits of certain land, received by the defendant since a specified date, and alleges that the plaintiff then became owner of an equal undivided half of it, more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236913337
  • 9781236913333