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

Laura (P), Christian (D) and others were owners of a piece of property as tenants in common. The property at issue had a mortgage on it at the time the tenants acquired their interests. Each co-tenant contributed to one mortgage payment and several interest payments. No further payments were made, and the mortgagee foreclosed. In order to prevent forfeiture and sale of the property, P paid the mortgagee the amount owed it under the judgment of foreclosure along with interest and expenses. Although the other co-tenants were aware of the threatened foreclosure before it occurred, none assumed their obligations with respect to the property, or attempted to avoid the sale of the property, until it became apparent that the value of the property had greatly increased by the execution of an option to purchase adjoining lands. At this point, D's interest in the property was renewed, and he offered to pay his share of the amount paid by P to avoid sale of the property. At the time he made the offer, D still had legal title to the land.

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