Brown v. Graham
Illinois Supreme Court
Tms was an action of detinue for a horse, commenced by the appellee against the appellant in the Circuit Court, of Rock Island county. Issues in this case were, non detinet; property in defendant; property in plaintiff and defendant as tenants in common ; property in Henry S. White and others.
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Tms was an action of detinue for a horse, commenced by the appellee against the appellant in the Circuit Court, of Rock Island county. Issues in this case were, non detinet; property in defendant; property in plaintiff and defendant as tenants in common ; property in Henry S. White and others. The case was tried before Drury, Judge, and a jury. . The evidence showed, that the appellee bought the horse at a sale under an execution against Lucius C. Brewer and.Levi Parsons, as the property of Brewer. That at the time of the sale, Brewer owned only one-half the horse, and George D. Gould owned…
1Opinion of the CourtWalker, J.
Property indivisible in its character, owned by tenants in common, is incapable of a several possession by each tenant. It therefore follows, that the possession of one of the tenants is a constructive possession of the others. And when one of the joint owners, not in the hctual possession, sells his interest in the property, the purchaser succeeds to all of the rights of his vendor, as held by him, without an actual delivery of possession. He, by such a purchase, becomes, a tenant in common, and the possession of his co-tenant is constructively his possession. It is, however, otherwise, when…
2Cited by6 opinions
- Ryhiner v. FeickertIllinois Supreme Court · 1879
- Yank v. BordeauxMontana Supreme Court · 1899
- Love v. SchmidtSupreme Court of Oklahoma · 1910
- Frorer v. RowleyAppellate Court of Illinois · 1899
- State v. GreenSupreme Court of Iowa · 1866
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