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Giles v. Sheridan

Nebraska Supreme Court

137 N.W.2d 828 (1965)

Relevant factsFree

A 1962 deed conveyed property to the Sheridans (defendants) and Minnie Giles (plaintiff) as joint tenants, with all grantees agreeing to assume and pay the existing mortgage; Minnie paid the bulk of the purchase price and, two months later, paid $19,003 toward the mortgage while Helen Sheridan contributed only $686. Minnie later conveyed a small interest to Harley Giles subject to her life estate, which converted her from a joint tenant into a tenant in common with the Sheridans; after Helen died, Minnie brought a partition action, and the trial court awarded her a majority interest plus reimbursement from her cotenants for the disproportionate mortgage payment.

IssueFree

Whether a tenant in common who pays more than her proportionate share of an encumbrance on the joint estate is entitled to contribution from the other cotenants.

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