A Treatise On the Law of Partition of Real And Personal Property

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182; 5 Den. 385; 6 Abb. Pr. 60; 15 N. Y. 617; 56 Id. 226; 58 Id. 176; Freem. On Jud. § 304; Scribner on Dower, 331 ; Wright v. Dunning, 46 111. 271 ; Whitte- more v. Shaw, 8 N. H. 393 ; Pentz v. Kuester, 41 Mo. 447 ; Hunt v. Hunt, 72 N. Y. 218; Searle?^. Galbraith, 73 111. 269; Guthrie 7/. Lowry, 84 Penn, St. 537; Spaulding?-. Baldwin, 31 Ind. 376.
30 Holden v. Sackett, 12 Abb. Pr. 473.
^ Nothing contained in this article prevents the court from adjusting, in the interlocutory or final judgment
..., or otherwise, as the case requires, the rights of one or more of the parties, as against any other party or parties, by reason of the receipt, by the latter, of more than his or their proper proportion of the rents or profits of a share, or part of a share. N, Y. Code Civ. Pro. § 1589.
31 McCabe v. McCabe, 18 Hun, 153.
32 Elwell V. Burnside, 44 Barb. 447.
33 Job V. Potton, L. R. 20 Eq. 84; Coleman v. Coleman, i Parson Penn. 470 ; Curtis v. Coleman, 22 Grant, 562.
EQUALITY. 385 The remedy by an action for rents, by one tenant in common against another, is cumulative, and does not bar the equitable adjustment of them on a partition in equity.


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