58-2522. A joint tenant, or tenant in common, or tenant in coparcenary, may maintain an action against his or her cotenant or coparcener or their personal representatives, for receiving more than his or her just proportion of the rents and profits.
History: G.S. 1868, ch. 55, ยง 22; October 31; R.S. 1923, 67-522.
CASE ANNOTATIONS
1. Cotenant not liable unless he receives rent, or causes default. Scantlin v. Allison, 32 K. 376, 4 P. 618.
2. Section cited; estate and joint tenancy discussed. Simons v. McLain, 51 K. 153, 161, 32 P. 919.
3. Section applies to land, rather than crops. Mull v. Boyle, 102 K. 579, 581, 171 P. 652.