Guam § 24446 - Apportionment of Litigation Expenses.

§ 24446. Apportionment of Litigation Expenses.

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 expenses of such litigation or other proceedings,

all the expenses necessarily incurred therein, except counsel fees, which shall

have accrued to the common benefit of the other tenants in common, with

interest thereon from the date of making the said expenditures, and in the same

kind of money expended or paid, and the same must be pleaded and allowed by

the court, and included in the final judgment, and shall be a lien upon the share

of each tenant respectively, in proportion to his interest, and shall be enforced

in the same manner as taxable costs of partition are taxed and collected.