70-29-221. Expenses of previous litigation. If it appears that other actions or proceedings have been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation, or perfecting of the title or setting the boundaries or making a survey or surveys of the estate partitioned, the court shall allow to the parties to the action who have paid the expense of the litigation or other proceedings all the expenses necessarily incurred in the litigation or proceedings, except counsel fees, that have accrued to the common benefit of the other tenants in common, with interest on the expenses from the date of making the expenditures, and the expenses must be pleaded and allowed by the court and included in the final judgment and are a lien upon the share of each tenant, respectively, in proportion to the tenant's interest and must be enforced in the same manner that taxable costs of partition are taxed and collected.
History: En. Sec. 1396, C. Civ. Proc. 1895; re-en. Sec. 6939, Rev. C. 1907; re-en. Sec. 9572, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 798; re-en. Sec. 9572, R.C.M. 1935; R.C.M. 1947, 93-6357; amd. Sec. 2224, Ch. 56, L. 2009.
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