Cotenancy

111 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lovett v. Lovett
  112 So. 768· Fla.· 1927-03-29 ·cited 369×
  In this partition case, the Florida Supreme Court addresses whether additional land can be brought before a court through a defendant's answer and counter-claim without making necessary parties (two minor co-defendants) parties to that counter-claim. The Court holds that the proc
• Price v. McLeod
  67 Fla. 171· Fla.· 1914-03-04 ·cited 89×
  George W. Price purchased an undivided one-fifth interest in land at a sheriff's sale and claimed he acquired prescriptive title to the entire property through adverse possession. The Florida Supreme Court affirmed the lower court's partition decree, holding that Price's occasion
• Brandt v. Brandt
  525 So. 2d 1017· Fla. 4th DCA· 1988-06-01 ·cited 74×
  In a marital dissolution case, the court held that when a property settlement agreement is silent on ultimate liability for expenses paid by the spouse with possession of the marital home, Florida law implies a duty of reimbursement from the non-paying spouse for their proportion
• Gracy v. Fielding
  71 Fla. 1· Fla.· 1916-01-13 ·cited 71×
  The Florida Supreme Court affirmed the trial court's decision to sustain exceptions to portions of a defendant's answer in a partition suit. The case involved competing claims to timberland where a co-tenant claimed he had adversely possessed the property, but the court held his
• Crigger v. Fla. Power Corp.
  436 So. 2d 937· Fla. 5th DCA· 1983-06-30 ·cited 55×
  Florida Power Corporation sought to use electrical transmission lines across the Criggers' property without permission, claiming either an express easement from a prior owner or a prescriptive easement. The court held that the express easement was defective because it was granted
• Ida v. Carr and her husband
  73 Fla. 233· Fla.· 1917-02-02 ·cited 48×
  Theodore Lesley sought to quiet title to a ten-acre tract in Hillsborough County, claiming he had acquired it by adverse possession against the appellants (the Morgan daughters and their spouses). The Florida Supreme Court reversed, holding that Lesley's possession was that of a
• Whiteley v. Whiteley
  329 So. 2d 352· Fla. 4th DCA· 1976-04-02 ·cited 39×
  A trial court in a divorce case awarded the wife exclusive possession of the marital home while requiring her to pay all obligations but denying her credit for payments made toward the mortgage principal upon partition. The Fourth District Court of Appeal reversed this provision,
• Johnson v. Craig
  158 Fla. 254· Fla.· 1946-09-20 ·cited 39×
  Johnson claims an interest in real estate acquired by Craig, asserting a co-tenancy was created. The Chancellor found a resulting trust in Johnson's favor for an undivided one-half interest based on the joint credit used to purchase the property, despite title being taken in Crai
• Helene Marceau Sidebotham v. Robison
  216 F.2d 816· 9th Cir.· 1954-10-18 ·cited 36×
  The court held that the trial court erred in dismissing the complaint without leave to amend, as the plaintiff may be able to state a claim for relief based on fraud and concealment of community property, particularly given the confidential relationship between spouses.
• Puget Sound Gillnetters Ass'n v. United States Dist. Court FOR the W. Dist. OF Wash.
  573 F.2d 1123· 9th Cir.· 1978-04-24 ·cited 32×
• Meckler v. Weiss
  80 So. 2d 608· Fla.· 1955-05-27 ·cited 29×
  Meckler and Weiss were cotenants who jointly executed a mortgage on property. After Meckler paid the entire mortgage debt without reimbursement from Weiss, he sought to enforce the mortgage as an equitable lien against Weiss's interest for her proportionate share. The trial court
• Adkins v. Edwards
  317 So. 2d 770· Fla. 2d DCA· 1975-07-23 ·cited 26×
  A cotenant ex-spouse occupying the former marital home after divorce is liable for the reasonable rental value to the other cotenant, which can be set off against reimbursement claims.
• Hamilton v. MacDONALD
  503 F.2d 1138· 9th Cir.· 1974-09-12 ·cited 24×
  The court held that the Navajo Tribe's appeals lacked merit, affirming the district court's Order of Compliance and implementation plan, as prior rulings on jurisdiction and equitable relief were binding and the arguments raised were either foreclosed or without merit.
• Belle Brickell and Maude E. Brickell v. DiPietro
  145 Fla. 23· Fla.· 1940-10-08 ·cited 24×
  This case concerns whether Mary Brickell's will created an irrevocable trust for maintaining a home for her unmarried children, or whether the beneficiaries could terminate the arrangement and convey the property by mutual consent. The Florida Supreme Court held that no trust was
• Pamella Haas v. Haas
  552 So. 2d 252· Fla. 4th DCA· 1989-11-08 ·cited 23×
  This appeal involves a post-dissolution modification of alimony and disputes over the marital home and household goods. The court affirmed the trial court's reduction of alimony due to the husband's loss of medical privileges from alcoholism, but partially reversed regarding the
• Fullerton v. Fullerton
  709 So. 2d 162· Fla. 5th DCA· 1998-03-27 ·cited 22×
  In this divorce appeal, the Florida Fifth District Court of Appeal affirmed the trial court's award of child custody and exclusive home possession to the former wife, but reversed all support awards due to unclear income calculations and improper alimony designations. The court r
• Rayonier v. Polson
  400 F.2d 909· 9th Cir.· 1968-08-05 ·cited 22×
  The court held that Rayonier could not claim Jackson had apparent authority to sell timber without knowledge of the joint venture's limitations, and that Poison did not ratify the contract or is estopped from challenging it. The court also affirmed the applicability of the timber
• Guth v. Tex. Co.
  155 F.2d 563· 7th Cir.· 1946-05-20 ·cited 22×
  The court held that while the negligence claim was properly dismissed for failure to join co-tenants, the claim for an accounting of produced gas and petroleum distillates was a several obligation and should not have been dismissed.
• Taylor v. Brindley
  164 F.2d 235· 10th Cir.· 1947-07-28 ·cited 21×
  The court held that the mineral deed and contract created a joint adventure, not a cotenancy, and Stinchcomb, as co-adventurer, lacked the authority to execute an oil and gas lease without Brindley's consent, as such power was not expressly delegated.
• Sherr v. Sierra Trading Corp.
  492 F.2d 971· 10th Cir.· 1974-01-16 ·cited 20×
  The court held that the bankruptcy court had jurisdiction over the leaseholds but not over the proceeds of production held by a third-party purchaser. The court reversed the turnover and stay orders concerning the proceeds.
• Seesholts v. Beers
  270 So. 2d 434· Fla. 4th DCA· 1972-12-12 ·cited 16×
  In this partition action between ex-spouses who held property as tenants in common, the Florida appellate court reversed the trial court's award of a set-off to the wife for one-half the reasonable rental value of the home occupied exclusively by the husband. The court held that
• Hiram B. Johnson v. Johnson
  179 So. 2d 112· Fla. 2d DCA· 1965-10-19 ·cited 16×
  A tax deed obtained by a co-tenant is merely a payment of taxes and does not extinguish the rights of other co-tenants, even if recorded for over twenty years.
• Whetstone v. State
  778 So. 2d 338· Fla. 1st DCA· 2000-12-29 ·cited 15×
  David Whetstone appeals his convictions for armed burglary with intent to commit assault or battery and attempted second-degree murder. The court reverses the burglary conviction, finding that Whetstone and his wife were co-tenants of the leased premises and therefore he could no
• Hernandez v. Walfrido Hernandez
  645 So. 2d 171· Fla. 3d DCA· 1994-11-23 ·cited 15×
  In this post-dissolution partition case, the court addressed how to allocate credits for mortgage payments, repairs, and improvements made by the former wife to the marital residence. The court reversed prior precedent and held that cotenancy law requires credits for necessary ex
• Wood v. Friedman
  388 So. 2d 1355· Fla. 5th DCA· 1980-10-15 ·cited 15×
  In a partition action following divorce, the court held that a wife granted exclusive possession of the marital home for child support purposes is not liable for reasonable rental value during her exclusive possession period, but once she vacates, both parties are entitled to equ
• Smith v. Smith
  464 So. 2d 1287· Fla. 5th DCA· 1985-03-07 ·cited 13×
  In a marital dissolution case, the ex-husband appealed the trial court's denial of his request for rental payments from his ex-wife after her exclusive possession of the marital home expired upon her remarriage. The appellate court affirmed, holding that the husband's motion for
• Manie D. Futch v. Parslow
  64 Fla. 279· Fla.· 1912-06-01 ·cited 13×
  This appeal concerns adverse possession of real property in Tampa. The Florida Supreme Court affirmed a decree quieting title in Josephine A. Parslow against heirs of Columbus Stafford, holding that Parslow and her predecessor established adverse possession against the heirs with
• Kasey v. Molybdenum Corp. OF Am.
  336 F.2d 560· 9th Cir.· 1964-08-28 ·cited 12×
  The court held that the action for recovery of mining properties was barred by California's five-year statute of limitations because the appellants were neither seised nor possessed of the property within the statutory period, and the deeds conveyed absolute title.
• Anaheim Union Water Co. v. Commissioner OF Internal Revenue
  321 F.2d 253· 9th Cir.· 1963-07-02 ·cited 12×
  The court held that expenditures by a mutual non-profit water company to furnish water to its shareholders at cost, even if exceeding receipts from those shareholders, are ordinary and necessary business expenses. The court also affirmed the allocation of income and expenses from
• Morrison v. Byrd
  72 So. 2d 657· Fla.· 1954-05-11 ·cited 12×
  In this intestate succession dispute, the Florida Supreme Court held that Esther Morrison acquired title to 160 acres in Okaloosa County through adverse possession under color of title, despite the deed being from only one of seven heirs of the original owner. The court reversed
• Sidney v. ZAH
  718 F.2d 1453· 9th Cir.· 1983-10-25 ·cited 11×
  The court affirmed the district court's contempt order and declaratory judgment, holding that the Navajo Tribe has a responsibility to comply with judicial orders effectuating the land partition, irrespective of territorial jurisdiction over individual members. The court also aff
• Humble OIL & Ref. Co. v. Martin
  298 F.2d 163· 5th Cir.· 1961-12-29 ·cited 11×
  A life tenant or trustee cannot grant an oil lease that prejudices a vested remainderman's rights, and a remainderman can sue a lessee for waste even if other remaindermen have granted leases.
• Hill v. Field
  384 F.2d 829· 10th Cir.· 1967-11-07 ·cited 10×
  The court held that while a personal judgment and equitable lien against a co-tenant's interest for operating expenses are permissible under an agreement, the proceeds from a production payment sale are only subject to an equitable lien for expenses related to the specific leases
• Elmore v. Elmore
  99 So. 2d 265· Fla.· 1957-12-18 ·cited 10×
  The Florida Supreme Court reversed a probate decree concerning the interpretation of a will where the testatrix, who owned only an undivided one-half interest in property, attempted to devise specific portions of land as though she owned the entire tract in fee. The court held th
• Taylor v. Taylor
  97 So. 2d 323· Fla. 2d DCA· 1957-10-11 ·cited 10×
  A co-tenant cannot acquire title to jointly owned land through tax default proceedings to the exclusion of other co-tenants; such acquisition is considered a payment of taxes for all.
• Carter OIL Co. v. Crude Oil Co. (oklahoma)
  201 F.2d 547· 10th Cir.· 1953-01-12 ·cited 10×
  The dissenting judge would reverse the case, finding the suit to be one in contract to which the five-year statute of limitations applies, and that Grisso is an indispensable party if the suit is in equity for fraud.
• Cowling v. Deep Vein Coal Co., Inc.
  183 F.2d 652· 7th Cir.· 1950-05-25 ·cited 10×
  A co-tenant may proceed in federal court without joining other co-tenants, and a defect in parties plaintiff is not properly raised on a motion for summary judgment.
• Iodice v. Scoville
  460 So. 2d 576· Fla. 4th DCA· 1984-12-19 ·cited 9×
  In a partition case following the dissolution of marriage, the appellate court held that a former husband who maintained a jointly owned marital home while raising minor children is entitled to reimbursement for one-half of the mortgage principal payments and, contrary to the tri
• Gudinas v. Eugenia Wanda Gudinas
  471 So. 2d 210· Fla. 1st DCA· 1985-06-21 ·cited 8×
  In this divorce case involving a 20-year marriage with six children, the Florida appellate court reversed the trial court's order requiring the father to pay all mortgage principal, interest, insurance, and taxes on the marital home while characterizing half as his contribution a
• Diedricks v. Reinhardt
  466 So. 2d 375· Fla. 3d DCA· 1985-03-19 ·cited 8×
  A co-tenant in exclusive possession is liable for rent to the other co-tenant only upon a showing of adversity or ouster, which can be established by the filing of a partition complaint seeking possession.
• Hicks Sumner Allen and Edna Sumner Childs v. ST. Petersburg Bank & Tr. Co.
  383 So. 2d 1171· Fla. 2d DCA· 1980-06-04 ·cited 8×
  Appellants challenged a judgment quieting title in favor of a bank, arguing the Marketable Record Title Act (MRTA) should not eliminate their interest in property. The court held that a tax deed constitutes a valid root of title under MRTA, and because appellants failed to file r
• Schatz v. Elinore K. Schatz
  356 So. 2d 892· Fla. 3d DCA· 1978-03-21 ·cited 8×
  The court held that the trial court did not err in its provisions regarding the division of home sale proceeds and payment for religious education, nor in the amount of attorney's fees awarded.
• Berkan v. Brown
  242 So. 2d 207· Fla. 3d DCA· 1970-12-01 ·cited 8×
  The court held that the trial court correctly granted summary judgment against the counter-plaintiff, as there was no evidence of a joint venture or illegal action by the counter-defendants.
• Carroll W. Britton v. Green
  325 F.2d 377· 10th Cir.· 1963-11-29 ·cited 8×
  The court held that a receiver could be appointed for the mortgaged property under the second claim, as the mortgage expressly allowed it, and absent co-tenants were not indispensable parties to that specific relief. However, a receiver could not be appointed under the first clai
• Efroim Max Robinson v. Malik
  115 So. 2d 702· Fla. 3d DCA· 1959-11-19 ·cited 8×
  A cross claim seeking affirmative relief based on equities arising from a cotenancy is permissible in a partition suit, and an alleged executed oral agreement to make a will is not rendered unenforceable by statute, pending proof.
• Pioneer Mill Co. v. Ward
  158 F.2d 122· 9th Cir.· 1946-11-14 ·cited 8×
  The court held that a sale of the property was the appropriate remedy for partition, rather than partition in kind, due to potential prejudice to smaller cotenants. It also affirmed the territorial Supreme Court's interpretation of a land court decree and its jurisdiction over th
• Anderson v. Northrop
  44 Fla. 472· Fla.· 1902-06-01 ·cited 8×
  This case involves a dispute over the estate of Andrew Anderson, Sr., and the accounting obligations of his executor. The Florida Supreme Court reversed the lower court's decree, finding errors in the calculation of rental values, interest computations, and allowances for improve
• Boley v. Skinner
  38 Fla. 291· Fla.· 1896-06-01 ·cited 8×
  In a partition suit involving two Spanish land grants in Florida, the court upheld a decree directing commissioners to allot to cotenants Skinner and McDavid the portion of the Carrera grant containing timber-boom improvements they had constructed, while ensuring the remaining la
• Gale v. Hines
  17 Fla. 773· Fla.· 1880-06-01 ·cited 8×
  Gale sued Hines in ejectment to recover an undivided half interest in land. The court held that ejectment lies for undivided interests between tenants in common upon proof of ouster, and that ouster need not be pleaded in the declaration but may be proved under the general issue
• Gaspare v. Brisciano
  615 So. 2d 213· Fla. 1st DCA· 1993-03-04 ·cited 7×
  A divorced couple owned a home as tenants-in-common. The husband remained in possession, paid the mortgage and taxes, while the wife later sought partition. The trial court awarded the husband a credit for payments made but offset it with the fair rental value owed to the wife, w