Schwartz v. Skinner
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. The defendant kept the hotel in Santa Cruz known as the “ Pacific Ocean House,” and was the owner of seventeen thirtieths of the furniture used in the hotel. The plaintiff owned twelve thirtieths of the furniture, and Daniel D. Blackburn owned one thirtieth.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. The defendant kept the hotel in Santa Cruz known as the “ Pacific Ocean House,” and was the owner of seventeen thirtieths of the furniture used in the hotel. The plaintiff owned twelve thirtieths of the furniture, and Daniel D. Blackburn owned one thirtieth. The defendant refused to let the plaintiff into the possession and use of the furniture with him, or to pay him any rent therefor, or to let him remove twelve thirtieths of it, or to let him into the possession or use of any part of it. The furniture was of…
1Opinion of the Court
By the Court :
The question presented by the record is, whether- the plaintiff, who is a tenant in common of personal property, can maintain this action—which is in form replevin—against the defendant, who is a cotenant, and who took possession of all the common property, and converted it to his own use. The defendant contends that this action cannot be maintained, but admits that trover will lie. The complaint contains all the allegations which are essential in trover, and those allegations are sustained by the findings. There is no room for implied findings, as it is stated in the findings…
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