Sec. 38.
One joint tenant or tenant in common, and his executors or administrators, may maintain an action for money had and received, against his co-tenant for receiving more than his just proportion of the rents or profits of the estate owned by them as joint tenants or tenants in common.
History: R.S. 1846, Ch. 66 ;-- CL 1857, 2811 ;-- CL 1871, 4308 ;-- How. 5778 ;-- CL 1897, 9261 ;-- CL 1915, 11816 ;-- CL 1929, 13496 ;-- CL 1948, 554.138
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