Grove v. Wise
Michigan Supreme Court
Error to Ingham. Trover by Grove & Whitney for the undivided half of a steam 'engine and boiler and some planing mill machinery which had been mortgaged to them and is alleged to have been converted and disposed of by Wise, who had bought at bankrupt sale- the premises on which stood the buildings which contained the machinery described. Wise had previously bought the other half interest. Defendant liad judgment below and plaintiffs bring error.
1Opinion of the CourtMarston, J.
Two questions are raised in this case: First. Can one tenant in common of chattels maintain an action of trover against his co-tenant, after demand made that he be admitted to his rights as a co-tenant, and a refusal to recognize such rights, coupled with a distinct claim of entire ownership? and
Second. Can a mortgagee of chattels, entitled to the possession thereof under his mortgage, maintain trover for their conversion?
Both questions must be answered in the affirmative. The first is distinctly passed upon in Bray v. Bray, 30 Mich., 479; Webb v. Mann, 3 Mich., 139.
The second question was…
2Cases cited2 opinions
- Bray v. BrayMichigan Supreme Court · 1874
- Webb v. Mann & EamanMichigan Supreme Court · 1854
3Cited by13 opinions
- Kehr v. HallIndiana Supreme Court · 1889
- Skud v. TillinghastCourt of Appeals for the Sixth Circuit · 1912
- Doyle v. . BushSupreme Court of North Carolina · 1915
- Rosenau v. SyringOregon Supreme Court · 1894
- Williams v. RogersMichigan Supreme Court · 1896
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