Kline v. Jacobs & Wife
Supreme Court of Pennsylvania
March 1st 1871. Before Thompson, C. J., Asnew, Sharswood and Williams, JJ. Bead, J., at Nisi Prius. Error to the District Court of Philadelphia: No 292, to January Term 1870. To March Term 1868, John Jacobs and Elizabeth his wife, in her right, brought an action of assumpsit against William O. Kline.
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March 1st 1871. Before Thompson, C. J., Asnew, Sharswood and Williams, JJ. Bead, J., at Nisi Prius. Error to the District Court of Philadelphia: No 292, to January Term 1870. To March Term 1868, John Jacobs and Elizabeth his wife, in her right, brought an action of assumpsit against William O. Kline. The first count in the declaration was for the use and occupation of certain farms in the state of Delaware, “ used and occupied by the said defendant at his special instance and request from the said plaintiff, and by her permission,” &c. The second count was that in consideration that the…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
At common law one tenant in common could maintain an action of account against his companion only in the case where he had expressly constituted him his bailiff of his part: Co. Litt. 200, b. The statute of 4 Anne, c. 16, s. 27, Roberts’ Dig. 48, introduced an amendment of the law in this respect by allowing the action against the co-tenant “ as bailiff for receiving more than comes to his just share or proportion,” without proof of an express contract. But neither at common law nor under any statute could assumpsit for use and occupation…
2Cases cited2 opinions
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