Balch v. Jones

McKinstry, J.:

This is an action to recover a mare and an undivided one half of five colte. The verdict was for the mare and one half of the colts, or, in case a return could not be had, for the value of all the property fixed at six hundred and twenty-five dollars. The judgment followed the verdict.

A tenant in common in a chattel can not maintain an action against his co-tenant for a recovery of the specific chattel or for his undivided moiety thereof, or interest therein. This would seem plain upon its statement; but see vol 1, Chitty’s Pleadings, Perkins’ Notes, 16th American edition, p.…