Ballentine v. Joplin
Court of Appeals of Kentucky
Case 9 — CONVERSION 1.If one of two joint owners of personal property does such an act or acts in reference to the common property as to induce the conclusion that he is disregarding the rights of his co-tenant by the destruction of the property or by the appropriation of it to his own. use, then he is guilty of conversion for which an action of trover will lie. Freeman on Partition, Secs. 307-9, note to Bowling v. Kirby, 24 Am. St. Rep., 795-819; Lucas v. Wasson, 24 Am.
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Case 9 — CONVERSION 1.If one of two joint owners of personal property does such an act or acts in reference to the common property as to induce the conclusion that he is disregarding the rights of his co-tenant by the destruction of the property or by the appropriation of it to his own. use, then he is guilty of conversion for which an action of trover will lie. Freeman on Partition, Secs. 307-9, note to Bowling v. Kirby, 24 Am. St. Rep., 795-819; Lucas v. Wasson, 24 Am. Dec., 266; Cooley on Torts (2d ed.), 455; Jaggard on Torts, 731-733. Against this weight of authority, the only reliance to…
1Opinion of the Court
JUDGE GUPPY
DELIVERED THE OPIHIOK OE THE COURT.
The appellant instituted this action in the Hardin Circuit Court against F. M. Joplin, M. A. Berry, and M. H. Williams, and afterwards made R. H. Eskridge a party. The substance of the petition is that plaintiff claimed to be the owner and entitled to the possession of a bay mare, by name “May Hamilton,” of the value of $500, and that defendants had unlawfully converted said mare to their own use, and shipped her to parts unknown, to his damage in the sum of $500. It is also alleged in the petition that he delivered said mare to one B. S. Ozias to…
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