Lucas v. . Wasson
Supreme Court of North Carolina
Trover. Plea — JVof guilty, and on the trial before Swain, Judge, at Rutherford, on the last circuit, the case was, that the plaintiff and the defendant Wasson were joint owners of a quantity of cotton ; that the defendant Hardin, by the directions of the defendant Was-Son, carried the cotton away and disposed of it in some place not known.
Read the full summary
Trover. Plea — JVof guilty, and on the trial before Swain, Judge, at Rutherford, on the last circuit, the case was, that the plaintiff and the defendant Wasson were joint owners of a quantity of cotton ; that the defendant Hardin, by the directions of the defendant Was-Son, carried the cotton away and disposed of it in some place not known. His Honor instructed the jury, that if they were satisfied that the cotton was removed by the defendants, entirely beyond the reach and control of the plaintiff, so as to be wholly lost to him, it was such a destruction of the property as would entitle him…
1Opinion of the Court
Daniel, Judge.
One tenant in common of a personal chattel has as much right to the possession of it as the,other; therefore, one tenant in common cannot maintain trespass or trover against his co-tenant without sho^ig that the co-tenant has destroyed the joint property. (St. John v. Standring, 2 John. R. 468.) it is not sufficient to shew., that the defendant took forcible possession of- the chattel and carried it away, (Heath v. Hubbard, 4 East. 121.) or that lie changed its form-by applying it to the use it was intended for. (Fennings v. Greenville, 1 Taunt. 241.) In the present case, it was…
2Cited by4 opinions
- Rice v. Bennington County Savings BankSupreme Court of Vermont · 1920
- Doyle v. . BushSupreme Court of North Carolina · 1915
- Waller v. . BowlingSupreme Court of North Carolina · 1891
- Thompson v. Silverthorne.Supreme Court of North Carolina · 1906