Mumford v. McKay
New York Supreme Court
This was an action of trover, tried at the Monroe circuit, in the March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff claimed to recover the value of the moiety of 451 bushels of wheat reaped by the defendant in the harvest of 1825, on certain lots of land, a moiety of which where conveyed to the plaintiff in September, 1824, after the wheat was sown.
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This was an action of trover, tried at the Monroe circuit, in the March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff claimed to recover the value of the moiety of 451 bushels of wheat reaped by the defendant in the harvest of 1825, on certain lots of land, a moiety of which where conveyed to the plaintiff in September, 1824, after the wheat was sown. The defendant and T. Mumford, the father of the plaintiff, previous to September, 1824, were tenants in common of ‘certain lands in the county of Livingston, each owing one half thereof, and a. partnership…
1Opinion of the Court
By the Court, Sutherland, J.
The plaintiff was improperly nonsuited. The evidence establishes, that Thomas Mumford and the defendant were not only tenants in common as to the farm, but were also partners, in carrying on the general business of farming. The testimony of Federal Blakesbee, a witness for the plaintiff is clear and explicit upon this point. Being then tenants in common in the farm, each owning an undivided half, and partners in the crop, stock, and farming utensils, what was the effect of the conveyance from Thomas Mumford to his son, the present plaintiff in September, 1824, of…
2Cited by11 opinions
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- Osborn v. . SchenckNew York Court of Appeals · 1880
- White v. OsbornNew York Supreme Court · 1839
- Perry v. GrangerNebraska Supreme Court · 1887
- McSpedon v. BoutonNew York Court of Common Pleas · 1873
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