Fiero v. Betts
New York Supreme Court
This was an action of trespass, for taking and carrying away a quantity of hay, oats, rye, corn &c. The defendants pleaded separately. Betts pleaded not guilty, and Hubbell pleaded the general issue, and gave notice of justification, as purchaser under three judgments and executions against one George H. Clow.
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This was an action of trespass, for taking and carrying away a quantity of hay, oats, rye, corn &c. The defendants pleaded separately. Betts pleaded not guilty, and Hubbell pleaded the general issue, and gave notice of justification, as purchaser under three judgments and executions against one George H. Clow. Clow lived on, and worked the farm of the plaintiff, Fiero, on shares, in 1843 and in 1844. Each was to have one half of all the products of the farm, including the grass. The defendant Betts, who was a constable, and held the executions against Clow, levied upon the products of the…
1Opinion of the Court
By the Court, Paige, J.
Clow and the plaintiff were tenants in common in all the products of the farm until a division. Clow worked the plaintiff’s farm on shares. There was no lease. Their shares were uncertain in amount, and there was no reservation in favor of the plaintiff of a fixed quantity of the products. (Putnam v. Wise, 1 Hill, 234. Caswell v. Districh, 15 Wend. 379. 8 Cowen, 220. Foote v. Colvis, 3 John. 221.) A tenant in common cannot maintain trover against his co-tenant, without proving a sale by the latter, or a loss or destruction of the article whilst under his management. It…
2Cases cited7 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Wilson v. ReedNew York Supreme Court · 1808
- Caswell v. DistrichNew York Supreme Court · 1836
- Scrugham v. CarterNew York Supreme Court · 1834
- Storm v. LivingstonNew York Supreme Court · 1810
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3Cited by5 opinions
- Hull v. . CarnleyNew York Court of Appeals · 1858
- Knight v. Sackett & Wilhelms Lithographing Co.The Superior Court of New York City · 1892
- The Two MarysDistrict Court, S.D. New York · 1882
- Henderson v. BrenneckeAppellate Division of the Supreme Court of the State of New York · 1898
- Henderson v. BrenneckeAppellate Division of the Supreme Court of the State of New York · 1898