Law School Case Briefs

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GRAHAM v. INLOW

Supreme Court of Arkansas (1990) | 790 S.W.2d 428; 302 Ark. 414

4 min read

TL;DR: In a partition suit between family members who were cotenants, the court held that an occupying cotenant is only entitled to reimbursement for the enhanced value of improvements, not their cost, and is only liable for rent after excluding the other cotenants.

Legal Significance: This case clarifies the measure of compensation for improvements made by a cotenant in a partition action, requiring proof of the property's enhanced value. It also reinforces the rule that ouster is required before an occupying cotenant is liable for rent.