Question
Dillon and Alexei owned a 20-hectare parcel of farmland as tenants-in-common. For many years they operated a vegetable growing operation, each farming and harvesting a
Dillon and Alexei owned a 20-hectare parcel of
farmland as tenants-in-common. For many years
they operated a vegetable growing operation, each
farming and harvesting a 10-hectare part of the
parcel. Each made his own decisions as to crops
planted and harvested. They shared equally the cost
of property taxes, the only expense related to their
ownership of the land. Each kept the profits earned
from their respective farming operations, but Alexei
usually earned double the profits of Dillon because
he specialized in growing unusual and high-value
vegetables. Just before one harvest season, Alexei
was killed in a traffic accident. To save the crop, his
widow and only heir-at-law, helped Dillon harvest
both of the 10-hectare crops. When the crops were
sold, Alexei's widow asked Dillon for the proceeds
from the sale of the crop from Alexei's 10-hectare
parcel. Dillon offered her half of the net proceeds
from the total 20 hectares after the deduction of his
production expenses.
Discuss the rights of the parties. How would a court
likely decide the issue?
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