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DALY v. SHEPHERD

Record No. 061559.

645 S.E.2d 485 (2007)

Claudia P. DALY v. Cecillia M. SHEPHERD.

Supreme Court of Virginia.

June 8, 2007.

Attorney(s) appearing for the Case

(Thomas P. Mains, Jr., on briefs), for appellant.

Timothy M. Purnell (Derek A. Poteet; Coon & Purnell, on brief), Manassas, for appellee.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether in the absence of exclusion or ouster by an occupying co-tenant of residential property, the non-occupying co-tenant is entitled to a ratable share of fair rental value in an action for partition.

I. Facts and Proceedings Below

Claudia P. Daly ("Daly") and Cecillia M. Shepherd* ("Shepherd") each owned an undivided

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