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ouster between tenants in common

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 33 U.S. 244 - Sydney Gregg v. The Lessee of Gabriel Sayre · 1834Most cited · 18 citing opinions

The possession of one tenant in common, is prima facie the possession of his companion; and the possession of the one can never be considered as adverse to the title of the other, unless it be attended with circumstances demonstrative of an adverse intent. And if one tenant in common enters generally, without saying for whom, it will be implied, that he enters according to law; that is, for himself, and the other tenant or tenants. To rebut this presumption of the law, an actual ouster must be proved.