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Spiller v. Mackereth | 334 So.2d 859 (1976)
Cotenants of land each have the right to possess the entire parcel and generally must share in the expenses and benefits of the land in proportion to the cotenants’ respective interests.
However, in most states, a cotenant in possession isn’t required to pay rental income, and a cotenant not in possession isn’t entitled to receive rental income, unless the cotenant in possession has ousted the other cotenant. In the 1976 case Spiller versus Mackereth, the Supreme Court of Alabama considered whether a cotenant who wasn’t in possession could prove that she was ousted based on a demand letter sent by her attorney.
In February 1973, John Spiller, Hettie Mackereth, and others purchased land together as cotenants in downtown Tuscaloosa. At the time of purchase, Auto-Rite, an automobile supply company, was occupying the land under a lease agreement. Approximately three months later, Spiller offered to buy Mackereth’s interest in the land. Mackereth refused and then offered to buy Spiller’s interest in the land, which Spiller refused. Subsequently, in July 1973, Spiller filed a complaint in circuit court, seeking a partition by sale of the co-owned land.
In October 1973, Auto-Rite’s lease ended and Spiller began using a building on the land as a warehouse. One month later, Mackereth’s attorney sent Spiller a letter demanding that he either vacate one-half of the building or pay rent to Mackereth. Spiller didn’t respond to the letter, vacate one-half of the building, or pay rent to Mackereth. As a result, Mackereth brought a counterclaim in the circuit court action, seeking to collect rental income from Spiller.
By agreement of the parties, the circuit court entered a decree on the complaint seeking a partition of the property. As to Mackereth’s counterclaim, a trial was held and the court awarded Mackereth $2,100 in rental income. Spiller then appealed to the Supreme Court of Alabama.
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