Fobes v. Shattuck
New York Supreme Court
THIS was an appeal from a judgment entered upon the report of a referee, bringing up certain exceptions taken upon the hearing. The action was for converting a quantity of unthrashed wheat and straw of the plaintiff. The answer denied every allegation in the complaint; claimed property in the wheat and straw in the defendant, and also a license from the plaintiff to take it. The referee made his report in favor of the defendant, upon which judgment was entered.
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THIS was an appeal from a judgment entered upon the report of a referee, bringing up certain exceptions taken upon the hearing. The action was for converting a quantity of unthrashed wheat and straw of the plaintiff. The answer denied every allegation in the complaint; claimed property in the wheat and straw in the defendant, and also a license from the plaintiff to take it. The referee made his report in favor of the defendant, upon which judgment was entered. It appeared that the wheat which was the subject of the action was raised on the -plaintiff’s land, by William Oleland, upon shares.…
1Opinion of the Court
By the Court, Mullett, J.
This presents an inquiry into the rights and liabilities of tenants in common of pergonal property. Tenants in common are said to be seised or possessed of the subject of the tenancy per my et per tout, by the moiety and by all; having each the possession as well of every part as of the whole. Consequently, one tenant in common cannot maintain an action of trespass or trover against his co-tenant, for the thing held in common, merely for taking and holding it. (2 Cannes' R. 166. 2 John. 468. 3 id. 175. 15 id. 179. 9 Wend. 338.) As a general rule, the property held in…
2Cases cited4 opinions
- Middlebrook v. CorwinNew York Supreme Court · 1836
- Farr v. SmithNew York Supreme Court · 1832
- Sheldon v. SkinnerNew York Supreme Court · 1830
- St. John v. StandringNew York Supreme Court · 1807
3Cited by8 opinions
- Newton v. HoweWisconsin Supreme Court · 1872
- Foley v. Southwestern Land Co.Wisconsin Supreme Court · 1896
- Reynolds v. NielsonWisconsin Supreme Court · 1903
- Lobdell v. StowellNew York County Court, Chenango County · 1865
- Lake Erie & Western Railroad v. NaronIndiana Court of Appeals · 1897
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