Cearnes v. Irving
Supreme Court of Vermont
Account. The declaration set forth that the plaintiff and the defendants were jointly interested in certain lands to the amount of twenty thousand acres lying in McKeon county, Pennsylvania, the legal title of which was in the defendant Irving, but who held it in trust for the joint benefit of the plaintiff and the defendants, and that the plaintiff and the defendants were jointly interested in the profits arising from the sale of such lands ; that on or about the 1st of…
Read the full summary
Account. The declaration set forth that the plaintiff and the defendants were jointly interested in certain lands to the amount of twenty thousand acres lying in McKeon county, Pennsylvania, the legal title of which was in the defendant Irving, but who held it in trust for the joint benefit of the plaintiff and the defendants, and that the plaintiff and the defendants were jointly interested in the profits arising from the sale of such lands ; that on or about the 1st of February, 1855, the defendants sold said land for the joint profit and benefit of the plaintiff and defendants, for…
1Opinion of the Court
Redfield, Ch. J.
It is evident this declaration is wholly deficient in the essential requisites to make one liable to render an. account of the avails of land, as joint owner. We speak now of rents, use and occupation, or the products of land. To such an account, at common law, it is requisite that the declaration allege a joint title in the land of plaintiff and defendant, and the precedents contain a statement of the proportion owned by each. And from the very nature of the action, and because the judgment to account is regarded as fixing the nature and extent *606of the liability, the…
2Cases cited2 opinions
- Brinsmaid v. MayoSupreme Court of Vermont · 1837
- Beach v. BeachSupreme Court of Vermont · 1842
3Cited by2 opinions
- Daugherty v. DaughertySupreme Court of Iowa · 1902
- Admr. of Leonard v. Exr. of LeonardSupreme Court of Vermont · 1895