Cosgriff v. . Dewey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 25, 1897, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 25, 1897, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. A tenant in common is not liable for rent or for the use and occupation or mesne profits of premises in the absence of an agreement to pay rent on an ouster of the co tenants by the one in possession. (Kline v. Jacobs, 68 Penn. St. 37; Dresser v. Dresser, 40 Barb. 300; 6…
1Opinion of the CourtO’Brien, J.
The parties to this action are tenants in common of a tract of mountainous land, the principal value of which consists of deposits of trap rock which is useful when manufactured into crushed stone.
The plaintiffs’ interest is nine-sixteenths and the defendant’s seven-sixteenths. From the pleadings and findings in the case it appears that the defendant was the tenant in possession, and that, without the consent or authority of the plaintiffs, his cotenants, he quarried large quantities of the trap rock, crushed the same and sold it at a large profit, without accounting to the plaintiffs for any…
2Cases cited2 opinions
- Knope v. . NunnNew York Court of Appeals · 1897
- Davis v. . LottichNew York Court of Appeals · 1871
3Cited by18 opinions
- Higday v. NickolausMissouri Court of Appeals · 1971
- Bates v. SylvesterSupreme Court of Missouri · 1907
- Grogan v. ChaffeeCalifornia Supreme Court · 1909
- Federal Land Bank v. MulhernSupreme Court of Louisiana · 1934
- White v. SmythTexas Supreme Court · 1948
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