A Treatise On the American Law Relating to Mines And Mineral Lands Within the Pu
A Treatise On the American Law Relating to Mines And Mineral Lands Within the Pu
Curtis H Curtis Holbrook Lindley
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M. Co. , 64 Cal. 134, 49 Am. Rep. 686, 27 Pac. 863, 866; Ward v. Ward's Heirs, 40 W. Va. 611 ; 52 Am. St. Rep. 911, 21 S. E. 746, 748, 29 L. R. A. 449; Humphries V. Davis, 100 Ind. 369. 19 Henderson v. Eascn, 17 Q. B. 701, 21 L. J. Q. B. 82, 117 Eng. Re- print, 1451; Norris v. Gould, 15 W. N. C. 187. Lindley on M. — 122 § 789a tenants in common. 1938 of the common law and adopting it as such. " In several of the states statutes have been adopted which go further than those of England, and plain...ly provide for an accounting between cotenants for use and occupation as well as for rents. " In Montana, " a cotenant is allowed to mine, but is required to ac- count for net profits to nonjoining cotenants. In Arkansas, " an accounting is required for profits or benefits greater than his share. The Oregon law" provides for an action to be brought by the nonwork- ing cotenant for his just share of the rents or profits, and Oklahoma^" has a similar provision. The other western states have no statutory provisions for ac- countability to the nonjoining cotenant in the absence of circumstances tending to show that he has been actually excluded from earning his share.
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