Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-02-05
The Liability of n Co.tenant for Rents.

Yesterday, in the District supreme Court
II general term, tie case OF Williams ald
Others against A. g. G1rdiner and others,
vas argued by w. b. Webb for Wise, one OF
,eieI dants, and Mr.. f.. l.. stanton for com
rlTiraDts. In 1919, James Llrned a1d Al
tert q. Gardiner owners and tenants in COM
mon Of lot 4, N square 900. in Washington
city, LarDed owning two-t thirds and Gardi-
ner one-third, agreed upon division, and
the lot was actually divided, each portion
being designated by metes and bounds, and
a eed of partition prepared. This deed was
not executed, Larned having died soon after
its preparation. The lot was possessed and
improved after Larned's death In accordance
with the said petition until 1851, when the
bill in the cause was filed asking for a con-
fiTmation OF the petition made by Gardiner
and LarDed setting out that the portion be-
longing 10 Larned was not susceptib BILE of par
tltioD among his heirs at law, and praying
that the same might be sold and the proceeds
distributed. In January, 1853, the conrt
the prayer Of the bill, c9niirnlng the
sale of Larned's part of it, 10 be made by
trustee designated in the decree No sale
was ever made under this decree. The de-
fendant. Wise, in 1883, rented part OF the
Larned portion of the lot from Young, who
acted as the agent of the heirs OF Larned. and
in 1856 purchased the interest of one of tue
heirs. Wise paid no rent after his purchase.
In 1871, Noah II. SwayDe, having purchased
an interest In said property, filed a petition
praying TO be made defendant, and askiDg
that Wise might be compelled TO account for
rents received by him. An order was &C
cordingly made on the 21st of November of
that year, admitting Swayne az n defend
ant, and referring the cause to the auditor
TO state Z" the amount of rents, issues
and profits, received by Samuel Wise,
and the rightful dIstributive shares
thereof among the parties" Under this
order the auditor, February, 1lth, 1873.
reported the amount uue by Wise to be
Sal 10, and in March following the case was
remanded 10 the auditor 10 revise his report,
giving leave 10 examine w. Truisdail and to
further examine Wise. Pending these riers
Mrs. Emily l.. Truisdail, one of the heirs OF
LarBed, became the purchaser of all the in
terests except that owned by Wise. The au-
dftOr on March ID, 1875. led his second re-
port, in which he charges Wise with rent not
collected by him, and for the use and occupa-
ton of tie property in question. from Octo-
Der, 1876, To the date of his report. with inter
est estimated from yearly rents. making the
whole amount chargeable to Wise IS 1861 So.
To this report the counsel Tor Wise eiei ex-
captions That the auditor errs in finding that
Wise pretended to hold adversely to his CO.
tenants in common; in charging Wise with
rent at what he states to be the fair rental
value Of the property, and cannot. under the
Orcer of reference, inquire into and aScert ain
what was properly payable by said Wise for
the use and occupation of the said property;
iii charging Wise with interest upon the ia
StalmeEtS of rent in holding that Wise was
responsible at all for the use and occupation
OF the said property after he became a tenant