Bond and Willis v. . Hilton
Supreme Court of North Carolina
This was an action on the case in tort, tried before his Honor, Judge Battle, at Spring Term, 1852, of the Superior Court for Washington county. The following are the facts sent up from the Court below : “ On the trial, the plaintiffs provéd that in the month of December, 1848, they and the defendant were owners of a vessel; the plaintiffs owning three-fourths, the defendant, one-fourth.
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This was an action on the case in tort, tried before his Honor, Judge Battle, at Spring Term, 1852, of the Superior Court for Washington county. The following are the facts sent up from the Court below : “ On the trial, the plaintiffs provéd that in the month of December, 1848, they and the defendant were owners of a vessel; the plaintiffs owning three-fourths, the defendant, one-fourth. The plaintiffs also proved, that on the 26th day of December, 1850, the said vessel had a cargo on board of her, at the landing in the town of Plymouth, when the defendant specially and expressly…
1Opinion of the CourtNash, C. J.
On the part of the defendant it is contended that he, the defendant, and the plaintiffs were tenants in common of the vessel, and therefore this action cannot be maintained for any misuse of it; and secondly, if any can be brought, it must bo on the contract and not in tort. That an action can be sustained by one tenant in common against another for a misuser of the property is proved by many cases. In Cubit and Pender, 15th East R. 216, Littledale, Justice, says if two persons are tenants in common of a tract of land on which there is a brick wall, and one refuses to repair and the other…
2Cited by6 opinions
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- Fisher v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1901
- J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Caldlaw, Inc. v. CaldwellSupreme Court of North Carolina · 1958
- J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
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