Newton v. Gardner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. Replevin, for a stallion colt, alleged to be worth $200. The defense was, that defendant was in possession of the colt under an agreement between him and plaintiff, by which defendant was to break the colt, and use bim as a stallion and racer, and, after the races at the state fair in 1867, was to sell him and retain one-half the proceeds, and as much more as might be necessary to pay for his time, care and expenses bestowed…
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APPEAL from the Circuit Court for Bane County. Replevin, for a stallion colt, alleged to be worth $200. The defense was, that defendant was in possession of the colt under an agreement between him and plaintiff, by which defendant was to break the colt, and use bim as a stallion and racer, and, after the races at the state fair in 1867, was to sell him and retain one-half the proceeds, and as much more as might be necessary to pay for his time, care and expenses bestowed upon the colt. The answer admits the value of the property as alleged in the complaint. The jury found the defendant…
1Opinion of the CourtCole, J.
The jury found that the plaintiff and defendant were tenants in common of the colt. This being so, it is claimed by the counsel for the plaintiff that the jury had no right to award the exclusive possession of the property to the defendant, because each tenant has an equal right to the possession. Concede that, in the absence of any agreement in respect to .the possession, one tenant in common of a chattel cannot claim exclusive control or possession of such property, yet it is perfectly competent for the parties to change tliis rule of law. They may surely agree that one tenant shad have the…
2Cases cited1 opinion
- Conradt v. SixbeeWisconsin Supreme Court · 1867
3Cited by4 opinions
- Adams v. ThorntonCalifornia Court of Appeal · 1907
- Barton v. BrundageMissouri Court of Appeals · 1922
- Kuenzi v. LeistenWisconsin Supreme Court · 1937
- Morgan v. HedgesSupreme Court of Colorado · 1879