Land law=-Rents-s-Amounts collected by one co-owne1'--Whether dutY to set
aside sum for repairs.

Land law-Partition-Agreement that rents on two properties will be collected
separately by the two groups of co-owners does not amount to partition

1. Where by mutual arrangement between co-owners, one co-owner
collects and retains the rent of one house, and another co-owner the rent of
another, with adjustments made for equality, there is neither a partition nor
an agreement to manage the respective properties on behalf of the either
co-owners.

2. There is no duty on a co-owner collecting rents to set aside a sum
out of the rent for repairs, unless such duty is imposed by agreement or
other special circumstances.

Revision

July 10, 1935. Gorman, Acting C.J.: At the material dates the
parties were co-owners although, having quarrelled, an arrangement
had been come to whereby the plaintiffs collected and retained the
rents of one house, the defendants that of another, the plaintiffs
paying the defendants a small sum out of the rents collected by them
to bring the defendants' share up to its proper amount. This arrange-
ment was characterised by the Chief Justice in a previous revision as
a mere rent collecting arrangement and not a partition, not even a
temporary one, and there is no evidence of any circumstances which
in law could place. a duty on the defendants to manage this property
on behalf of the co-owners, nor did the arrangement mentioned give
them the exclusive control from which it might be inferred that they
intended to undertake such obligation.

The judge has said that there is surely an obligation, inseparable
from the management of immovables such as this, to set aside a sum
out of rents and profits for repair, and it is on this proposition that
the judge decided the case. I know of no such obligation among co-
owners, apart from agreement. The plaintiffs as co-owners could have

• Court: Gorman, Acting C.J. and Flaxman J.