Kuenzi v. Leisten

The only question on this appeal is whether respondents, being co-owners of the silo filler with defendants and others, have stated a cause of action in their complaint. Appellants rely principally on the decisions of.this court in Tallman v. Barnes, 54 Wis. 181, 11 N. W. 478, and Trustees of Ashland Lodge I. O. O. F. v. Williams, 100 Wis. 223, 75 N. W. 954. In Tallman v. Barnes, supra, it is said, at p. 185:

“It is well settled in law that one tenant in common has no right to take personal property from his cotenant by force; but if he can get possession without resort to force, then he can…