This section contains the nature of the case and procedural background.

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.

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