Delaney v. Root
Massachusetts Supreme Judicial Court
Tort in the nature of trover for the conversion of an undivided half of a crop of corn. Trial in the superior court, before Lord, J., who allowed the following bill of exceptions: “ The plaintiff, in opening his case, stated that he expected to prove the following facts : That in the spring of 1866 he entered into a contract orally with the defendant, to farm a lot of land belonging to the defendant, upon shares; that it was agreed that each should furnish one half of the…
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Tort in the nature of trover for the conversion of an undivided half of a crop of corn. Trial in the superior court, before Lord, J., who allowed the following bill of exceptions: “ The plaintiff, in opening his case, stated that he expected to prove the following facts : That in the spring of 1866 he entered into a contract orally with the defendant, to farm a lot of land belonging to the defendant, upon shares; that it was agreed that each should furnish one half of the seed and manure, that the plaintiff should do the hand labor and the defendant the team work, that the plaintiff should…
1Opinion of the CourtHoar, J.
It is settled in this Commonwealth that one tenant in common of a chattel may maintain an action of traver, or tort in the nature of trover, against his cotenant, who has converted the chattel to his own use; and that such a conversion may be proved by the destruction of the chattel; by its sale; or by such an act of appropriation as will, by its nature, finally preclude the other party from any future enjoyment of it 2 Greenl. Ev. § 646, note 4. Daniels v. Daniels, 7 Mass. 135 *548Weld v. Oliver, 21 Pick. 559. Burbank v. Crooker, 7 Gray, 158. If the plaintiff, therefore, was tenant in common…
2Cases cited6 opinions
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
- Foote v. ColvinNew York Supreme Court · 1808
- Stewart v. DoughtyNew York Supreme Court · 1812
- Bradish v. SchenckNew York Supreme Court · 1811
- Caswell v. DistrichNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
- Cram v. CramMassachusetts Supreme Judicial Court · 1928
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
11 more not listed; retrieve them via the Exa API.