Brown v. Wellington
Massachusetts Supreme Judicial Court
Contract to recover $20, the price of standing grass sold by the plaintiff to the defendant. Writ dated July 18, 1869. The case was submitted to the judgment of the superior court, and, on appeal, of this court, on the following agreed facts: “ The plaintiff and Henry A. Brown on July 5,1869, were, and for a long time had been, seised in fee, and been in possession as tenants in common in equal shares, of a lot of land in Waltham, and previously to said day the plaintiff…
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Contract to recover $20, the price of standing grass sold by the plaintiff to the defendant. Writ dated July 18, 1869. The case was submitted to the judgment of the superior court, and, on appeal, of this court, on the following agreed facts: “ The plaintiff and Henry A. Brown on July 5,1869, were, and for a long time had been, seised in fee, and been in possession as tenants in common in equal shares, of a lot of land in Waltham, and previously to said day the plaintiff brought a petition for partition thereof against Brown, which was pending on the day when this suit was brought, and…
1Opinion of the CourtColt, J.
It is not necessary here to consider what the law is, as applicable to an action brought by one tenant in common of personal property to recover the full price of such property, sold by him without the consent of his cotenant. The plaintiff’s interest in the standing grass here sold was not that of a tenant in common of a specific chattel. He was tenant in common of real estate, and the property sold was part of the annual product of the soil. His right to deal with it as his own is governed by the law which regulates the rights of tenants in common in the occupation and improvement of their…
2Cases cited2 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Terrill v. JenningsCourt of Appeals of Kentucky · 1858
3Cited by8 opinions
- Lebarron v. . BabcockNew York Court of Appeals · 1890
- Everts v. BeachMichigan Supreme Court · 1875
- Gilland v. Union Pacific Railway Co.Wyoming Supreme Court · 1896
- Carroll v. CarrollMassachusetts Supreme Judicial Court · 1905
- Giuggio v. PaoliMassachusetts Supreme Judicial Court · 1923
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