Buck v. Spofford

It is now well settled law, that where one ten-

ant in common has received, from others, rents and profits, of the common property, he is accountable in an action of assumpsit, to his co-tenant for his share. Brigham v. Eveleth, 9 Mass. 538; Munroe v. Lake, 1 Metc. 459.

The parties to this suit and one Daniel Spofford owned the grist-mill, as tenants in common, having each an equal interest. *35The defendant took possession of the mill, and his servant or tenant delivered a portion of the grain, which had been received for toll, by direction of the defendant, to those persons, to whom the…