Hamby v. Wall
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Judge. The rule of recovery in this cause is what the testimony shows the use of a half interest was worth for the year 1884-5. It was error to instruct the jury that appellee could run the gin in his own way and be liable to appellant only for half the net proceeds, thus enforcing a partnership on appellant.
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APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Judge. The rule of recovery in this cause is what the testimony shows the use of a half interest was worth for the year 1884-5. It was error to instruct the jury that appellee could run the gin in his own way and be liable to appellant only for half the net proceeds, thus enforcing a partnership on appellant. Appellant was entitled to recover the value of his one-half interest, and the only question for the jury was, what was it worth ? The court erred in its instructions to the jury. Mansf1 Dig., see. 4169; 27 Ark., 55; 25 ib., 134-
1Opinion of the CourtCockrill, C. J.
There is no dispute about the facts which control the determination of this controversy. The parties were tenants in common in the ownership of a cotton gin with the usual running gear and appurtenant fixtures. The defendant was lawfully in possession, and at no time denied the right of his co-tenant to enjoy the common property with him. He insisted upon remaining in possession of his own interest and reaping the benefit to be derived from it. He offered, however, to let the plaintiff in to operate the gin with him upon an equal footing. He offered also to run it one-half the time, and turn…
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