STEWART, J.
The sole question involved in this case is whether one tenant in common of real property living in and solely occupying the premises for a period of years is liable to his cotenant for a proportionate share of the fair value of such use and occupancy.
The Court of Common Pleas held that the tenant out of possession is entitled to recover, but the Court of Appeals held to the contrary.
At common law one cotenant cannot be compelled to account...
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