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99 Miss. 347

Lake v. Perry

Mississippi Supreme Court

Decided March 15, 1911

Mississippi Supreme Court · decided 1911-03-15

Hon. I. T. Blount, Chancellor. Suit by Alvin Lake against J. C. Perry.- Prom a decree in favor of appellee, appellant appeals. The facts are: Appellant filed a hill in chancery to set aside a voidable deed to appellee, made during appellant’s minority, and praying an accounting. This case was appealed at a former term of the court from a decree dismissing the hill, and was reversed. 95 Miss. 550, 49 South. 569.

Relies on Fuller v. Fuller

Good law ✅— No negative treatment on recordhow we know

Decided 1911-03-15

How this case has been cited

Cited by 8 later decisions — most recently April 1955

8 state decisions

4019111920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Whitfield, C.

¶1In 17 Am. and Eng. Ency. Law (2d Ed.), p. 688, it is said: “Joint tenants or tenants in common are not entitled to compensation from each other for services rendered in the care and management of the common property, in the absence of a specific agreement or mutual understanding to that effect.” In case of Fuller v. Fuller, 23 Fla. 236, 2 South. 426, the supreme court of Florida says: “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 to that effect, or unless from all the circumstances of the case the court is satisfied of a mutual un*353derstanding between the parties that the services rendered by one should he paid for by the other. Freem. Cotenancy, section 260.” There is nothing whatever in the testimony in this record showing either any express contract to pay Perry for his services as manager of the common property, or the existence of any circumstances from which the court could be satisfied of any implied understanding between the parties for such payment. The chancellor, therefore, erred in allowing the appellee for his services as manager of the. common property.

¶2The chancellor allowed interest at six per cent, per annum on the amounts of rent due appellant, in accordance with the general rule. It is sought to question this action of the chancellor here on special grounds, as the long delay, etc., on the part of Lake in demanding his interest. But that question is not presented for our determination in any manner by this record. The solitary question before us, and which we are confined by the record, is the allowance by the chancellor of compensation to Perry as manager of the common property.

Per Curiam.

¶3The above opinion is adopted as the opinion of the court, and, for the reasons therein indicated, the decree of the court below is reversed, and a final decree will be entered here for the appellant.

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