Abel v. Love & Fowler
California Supreme Court
Appeal from the Ninth District.' Suit by plaintiff to recover money charged tó have been collected by defendants as rents and profits of one undivided tenth interest in a water ditch claimed by plaintiff.
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Appeal from the Ninth District.' Suit by plaintiff to recover money charged tó have been collected by defendants as rents and profits of one undivided tenth interest in a water ditch claimed by plaintiff. The complaint avers in substance that plaintiff is owner and entitled to possession of an undivided tenth of a certain water ditch, from Sept. 18th, 1858 to August 24th, 1859, and hence entitled' to receive the rents and profits; that defendants, knowing plaintiff’s rights, and being the owners and in possession of other undivided four-tenths of the ditch, have assumed control of plaintiff’s…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
This was a suit to recover money collected by defendants as the rents and profits of one-tenth interest in a water ditch. The defendants it seems were, or assumed to be, in possession of this property, claiming an ownership in a portion of the ditch, and collected the rents for the whole, including the share which would fall, on a proper division, to the interest of the plaintiff. The defendants demurred to the complaint. The point is taken here, that the plaintiff, being a tenant in common, cannot maintain this action to recover his share of the rents and profits of…
2Cases cited3 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Pico v. ColumbetCalifornia Supreme Court · 1859
- Rogers v. HoberleinCalifornia Supreme Court · 1858
3Cited by3 opinions
- McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
- Winton Coal Co. v. Pancoast Coal Co.Supreme Court of Pennsylvania · 1895
- Candelaria v. VallejosNew Mexico Supreme Court · 1905