St. John v. Standring
New York Supreme Court
This was an action of trover, for the equal half of two . . carding machines. 1 he cause was tried at the Rensse-^oer circuit, in May, 1807, before Mr. Justice Spencer. On the trial, the following facts appeared in evidence.— One Schermerhorn, ontheldth day of March, 1803, demise(j to Smith and Babcocle, a mill, a small house, and a piece of ground for the purpose of erecting the carding machines, for the term of eight years at the yearly rent of 60 dollars.
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This was an action of trover, for the equal half of two . . carding machines. 1 he cause was tried at the Rensse-^oer circuit, in May, 1807, before Mr. Justice Spencer. On the trial, the following facts appeared in evidence.— One Schermerhorn, ontheldth day of March, 1803, demise(j to Smith and Babcocle, a mill, a small house, and a piece of ground for the purpose of erecting the carding machines, for the term of eight years at the yearly rent of 60 dollars. On the 4th day of March, 1803, Smith and babcocle assigned all their right in the demised premises to the plaintiff, and also conveyed…
1Opinion of the CourtVan Ness, J.
Three points are raised for the consideration of the court, in this cause ; 1. That the purchase by , , , . the plaintiff severed the tenancy m common. 2. I hat the talting1 and the sale, by the defendant, was tortious; and where one tenant in common usurps the possession, and wrongfully excludes his co-tenant, the other may maintain trover against him; 3. That the plaintiff had aright to the exclusive possession and enjoyment of the property, for one year at least, under the agreement, and that the defendant was liable, for a partial conversion of the property, before the year had expired.
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