GILLMOR V. GILLMOR
694 P.2d 1037 (1984)
NATURE OF THE CASE: This was an appeal from a judgment for damages for obstruction of a
cotenant from use of property.
FACTS: Two brothers owned land and used it for their ranching business. One of them died
and his property passed in equal shares to his sons, D and Frank. The other brother, Edward
continued the original business and grazed cattle and sheep on the common properties. Edward
then died and his one half interest in the property passed to Florence (P), his daughter.
Thus all three cousins became tenants in common. P filed a lawsuit in 1979 for an accounting
and damages for D's exclusive use of the property. P also filed a partition lawsuit. The
trial court awarded P $29,760. The trial was in two phases and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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