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SAWYER v. POWELL

27595.

230 Ga. 309 (1973)

196 S.E.2d 882

SAWYER v. POWELL et al.

Supreme Court of Georgia.

Decided March 8, 1973.

Rehearing Denied March 22, 1973.

Attorney(s) appearing for the Case

Smith, Gardner, Wiggins, Geer & Brimberry, Peter Zack Geer, for appellant.

Lowery S. Stone, Phillip Sheffield, for appellees.

HAWES, Justice.

"If one tenant in common receives more than his share of the rents and profits, he shall be liable therefor as agent or bailee of the other cotenant; and in equity the claim for such indebtedness shall be superior to liens placed on his interest by the tenant in possession receiving the profits." Code § 85-1004. However, the claim of one against his cotenant on account of the cotenant having received more than his share of the rents and profits...

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