Blood v. Blood
Massachusetts Supreme Judicial Court
Bill in equity alleging “ that the plaintiff is, and since the first day of April 1870 has been, a joint owner with the defendant of and in certain goods and chattels, viz.: One steam engine and boiler, one planer, two boring mills, nine engine lathes, one upright drill, one slobber, two pulley machines, one pair shears for cutting iron, together with a large amount of other tools and machinery, consisting of jack-screws, forges, anvils, taps and dies, rimmers, drills,…
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Bill in equity alleging “ that the plaintiff is, and since the first day of April 1870 has been, a joint owner with the defendant of and in certain goods and chattels, viz.: One steam engine and boiler, one planer, two boring mills, nine engine lathes, one upright drill, one slobber, two pulley machines, one pair shears for cutting iron, together with a large amount of other tools and machinery, consisting of jack-screws, forges, anvils, taps and dies, rimmers, drills, boring-bars, pipe-tongs, dogs, blocks, and such other tools as are used in a machine shop, being all the tools and machinery…
1Opinion of the CourtGbay, J.
It is of the very essence of a tenancy in common, that the tenants have each and equally the right to occupy the property and take the profits. One tenant in common of personal chattels therefore is not liable to be sued by the other for taking or retaining possession thereof, unless his dealing with them is such as to amount to a conversion, in which case he is liable to an action of tort in the nature of trover. Weld v. Oliver, 21 Pick. 559. Delaney v. Root, 99 Mass. 546. And he is not bound to pay his co-tenant any compensation for the use of the common property; nor to account for the…
2Cases cited1 opinion
- Delaney v. RootMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Medtronic, Inc., a Minnesota Corporation v. Intermedics, Inc., a Texas Corporation, and Intermedics Illinois, Inc., a Texas CorporationCourt of Appeals for the Seventh Circuit · 1984
- Garber v. WhittakerSuperior Court of Delaware · 1934
- Berwin v. CableMassachusetts Supreme Judicial Court · 1943
- Badger v. McNamaraMassachusetts Supreme Judicial Court · 1877
- Carter v. BaileySupreme Judicial Court of Maine · 1874
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