...direction. In Holley v. Hawley ( 39 Vt. 532) it was held that the taking of a deed by one tenant in common from a third person, and spreading it on the record, would have no effect as...presumed without evidence to have done, or intended to do, an unlawful act. So that, in the present case, to the co-tenant looking on, nothing was apparent, except that the widow conveyed the life estate which she owned, and her gra...appropriate remedy; that it was possible to transform a subsisting tenancy in common into an adverse and hostile possession; and that where there had been an ouster of co-tenants, and an exclusive and hostile...

...real property which she uses for her own benefit and from which she does not receive rent, is not accountable or liable to her co-tenant out of possession, here Arlene, unless the co-tenant out of.... 452 (1915). To demonstrate ouster of a co-tenant, one must show (1) acts of possession inconsistent with and exclusive of the rights of the co-tenant...pay Arlene one-half the reasonable rental value of the home from May 15, 1978, forward. The rule of law applicable here is that a co-tenant, as Catherine, in exclusive possession ...

...mere trespasser. Thus, the analysis here must be informed by the case law such as the Matter of Camp[h]er which recognizes that in adverse possession cases, depriving a co-tenant of his ...a co-tenant must be stronger than proof of ouster of a stranger...constructive ouster of a co-tenant as will suffice to commence the running of the Statute of Limitations may be shown by the possessor's hostile intent coupled with notice or knowledge th...

...notice of a claim of sole ownership, or by other positive and unequivocal acts put the complainants as co-tenants on notice that he was holding adversely to them. There can be no ouster of ... continued as a tenant in common with her lawful heirs; that the sale of the lands for delinquent taxes, and purchase by Flowers, in no way affected the title. It ..., 214 S.W.2d 50, 52, that where a tenant in common who is in possession devises the whole of the property, to wit a "house and lot known as Number 606 Ly...

...considered adverse and the property may be acquired by the co-tenant in possession by adverse possession after an additional 10 years, or a total of 20 years of exclusive possession (Myers v. Bartholomew, ...other co-tenants. The ouster of a co-tenant only occurs where the "knowledge of its existence is brought home to the co-tenant" (Culver v. Rhodes, ...assault upon . . . (the co-tenants') title" (Kraker v. Roll, 100 AD2d 424, 434). Here, the respondents contend that the deed from Giro to his wife constituted an ouster of the petitioner. Although the de...

...: Pending before me is a petition for declaratory judgment and to quiet title by one co-tenant who claims title to two parcels of real property through adverse posse.... Id. The consideration is different, however, when the adverse possessor is a co-tenant seeking to dispos...co-tenants. "For a co-tenant in possession to prevail upon a claim of adverse possession against a co-tenant out of possession it is necessary for a pe...

...tract of land. We disagree. The Scotts first contend that they obtained title to this property by ouster of a co-tenant. In Collier v. Welker...regarding what must be shown in order to prove adverse possession as against a co-tenant: Even where a co-owner appropriates rents and profits for his sole benef...158 (1940). "In the absence of actual ouster, the ouster of one tenant in common by a cotenant will not be presumed from an exclusive use of the common property and the appropriation ...

...Revised Statutes." • 1 In this appeal, defendants argue that the plaintiffs did not notify or oust Mary Jones or her heirs, as is required before a tenant in common may set up a claim ...notification by plaintiffs of their claim of ownership or ouster of such co-tenants. The majority states, however, that ouster of a co-tenant may be in the form...if a co-tenant gives a deed of the entire property to a stranger in title. ( 9 Ill.2d 441, 447...

...Robert's argument that there was no evidence of ouster. The chancellor found John ousted his siblings by unequivocal actual notice since 1960. "An ouster of a co-tenant not in possession .... After a two-day trial, the chancellor found that John adversely possessed the property from his co-tenants; therefore, his estate was the sole owner of the property...estate must also prove ouster. Jordon v. Warren, 602 So.2d 809, 814-15 (Miss. 1992). Ouster is unequivocal notice by one co-tenant that he...

...of adverse possession sufficient to constitute an ouster of a co-tenant. Therefore, Paul Richard Johnson has an undivided one-fifth interest in the property. The judgment of the trial cou...one tenant in common from a third person will not have any effect towards constituting such an ouster of his cotenant as would lay the foundation for the commencement of an adverse possession against.... * * * So it's the Court's conclusion that Mr. [Pracey] Johnson either, A, was ousted of his interest in the property, or that there was a const...

...determining the circumstances under which a tenant in common can acquire title by adverse possession against his co-tenant and partly to the quantum of evidence to prove an ouster of ...to bring home to the real owner notice of a hostile claim. But when one enters and sets up his claim before he becomes a co-tenant, there is no reason why he cannot be held to continue under that claim...the other. This court has always held that evidence of ouster or the adverse character of a claim must be much clearer as between co-tenants than as between strangers, but it has never gone so far as...

...plea in that case, says: "We are thus led to consider the reason and justice of rule, which should measure the adverse possession necessary to effect the ouster of a co-tenant. Assuredly it should...amounted to an ouster of his cotenants and made his possession no longer theirs, but solely his as a separate and hostile owner. It is undoubtedly true that the possession of one tenant in common is...-sixth of said premises. Abraham Egbert, the husband of Mary Egbert, who, upon her death in 1828, became by curtesy a life tenant in the whole of said premises, died in 1866. Abraham William Egbert, his...

..., the possession of the land of the one by the other is presumptively permissive and amicable." See id. (internal quotations and citations omitted). In addition, presumption against ouster of a co...life tenant is still living, the co-remaindermen have a fiduciary relationship to each other that no one of them may impair the rights or interests of his co- remaindermen. Givens v. Givens.... Holder of a life estate in property could not adversely possess against remaindermen, because a life tenant who takes possession admits her right as it was...

...five elements which must combine to amount to ouster of a co-tenant. Casual reference to the syllabi in Dierks will reflect the failure of the record in this case to support the conclusion ...subject to partition. The rule in Hassell, supra, evolved from an action brought by one co-tenant, who sought partition of a profitable business property upon the sole ground the...for the reasonable rental value of the farm from January 1, 1963. Defendant also alleged in substance that beginning in 1931 the farm was operated as a family co-tenancy by plaintiff and Fred Mauch...

...the premises were not held in subordination to any title or claim of others, but against all claimants of title." This holding suggests that ouster of a co-tenant may be proved by the sam...absolute and unqualified possession for more than twenty years. It was held that these acts were ample as a predicate for a finding of ouster by the trial court. The decree of the trial ...against co-tenants, she was required to prove an ouster of the co-tenants. The court found that Hodge's remedy was through a partition...

...; Fencing the land; The collection of rents; Other acts of absolute and unqualified possession for more than twenty years. It was held that these acts were ample as a predicate for a finding of ...an ouster of her co-tenants, though no one having an interest in the property appeared to counter Hodge's proof. The trial court concluded that Hodge's only remedy was through a partition proceeding...interest and in order to obtain title by adverse possession against co-tenants, she was required to prove an ouster of the co-tenants. The court found that Hodge's remedy was through a partition proceeding...

...plaintiffs' title, and continued to be so until those in possession denied the plaintiffs' title, or committed an actual ouster of the plaintiffs. A mere adverse holding and claim of title by those who are tenants ...possession are referable to the community of title. A tenant in common has a right to assume that the possession of his co-tenant is his possession, until informed to the contrary, either...ouster will sever the unity of possession." This they say is inconsistent with the instructions--given at the instance of respondents--that " proof of an actual ouster, that is, a turning out b...

...an action to try title to land claiming as children of a deceased illegitimate child, held that the evidence did not make a question for the jury and there was no error in court discharging the jury. ...without notice to a co-tenant that it was adverse. But the doctrine has been long since held, and the authorities sustain it, that one tenant in common may so enter and hold as to render the entry and possession ad...give effect to the Statute of Limitations in favor of one tenant in common against another but held that the holding of a co-tenant, openly, notoriously, exclusively, and exercisin...