Gillmor v. Gillmor
Utah Supreme Court
694 P.2d 1037 (1984)
Florence and Edward Gillmor (plaintiff and defendant) owned equal shares of 33,000 acres used for cattle grazing, with Edward using the land exclusively at maximum grazing capacity and refusing to accommodate Florence's demands for access, even though he claimed he had "invited" her to use it; Edward admitted that had Florence actually tried to graze her own livestock there, he would have sought an injunction to prevent damage to the overgrazed land. The trial court found Edward had ousted Florence and awarded her half the property's rental value; Edward appealed, also seeking compensation for a fence and ditch he built.
Whether an ousted cotenant may recover her share of rents and profits from land held jointly or in common, and whether a cotenant not in possession is liable for her share of necessary repair or maintenance costs.