Davis v. . Lottich
New York Court of Appeals
Appeal from an order of the General Term of the eighth judicial district, reversing a judgment entered in Cattaraugus county in favor of plaintiff, upon the report of a referee, and granting a new trial. The action is to recover possession of a steam engine and boilers, taken from the premises hereafter mentioned.
Read the full summary
Appeal from an order of the General Term of the eighth judicial district, reversing a judgment entered in Cattaraugus county in favor of plaintiff, upon the report of a referee, and granting a new trial. The action is to recover possession of a steam engine and boilers, taken from the premises hereafter mentioned. In October, 1865, the plaintiff and one Comstock were the owners in fee as tenants in common of fifteen acres of land, on which was located a steam mill with engine and boilers attached. On that day they executed to one Tallent an agreement, of which the following is a copy: “ For…
1Opinion of the Court
Chukch, Ch. J.
One tenant in common, or joint owner, cannot maintain an action for the possession of personal property against his co-tenant. TMs action is a substitute for the action of replevin under the Revised Statutes. The plaintiff must be the owner of the property, or have a special property therein, which entitles him, as against the other party, to the possession of the property. A mere stranger cannot hold possession against a part owner, without connect ing Mmself with a person having some legal right to the possession. If he sells or converts the property, the co-tenant or joint…
Also in this document: Dissent.
2Cases cited7 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Witbeck v. . WaineNew York Court of Appeals · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Abbey v. . WheelerNew York Court of Appeals · 1902
- Cosgriff v. . DeweyNew York Court of Appeals · 1900