George v. McGovern
Wisconsin Supreme Court
APPEAL from the Superior Court of MUwamJ&ee County. The plaintiff brought an action of replevin for a quantity of oats, and the answer was a general denial and title in defendant.
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APPEAL from the Superior Court of MUwamJ&ee County. The plaintiff brought an action of replevin for a quantity of oats, and the answer was a general denial and title in defendant. The evidence showed that a car load of oats was wrecked on the railway near Oak Creek station, and parties, supposing they could get the oats for a small price or gratuitously, had come to take them away, but in the mean time the plaintiff purchased them of the agent of the company for $40, and on his return to the oats, he being unable to get them away, Eowle and Mansfield were there, and the plaintiff told them if…
1Opinion of the CourtPinney, J.
The effect of the transaction between the plaintiff, Fowle, and Mansfield was to make them tenants in common of the oats, and by consent of all the parties they were put in Mansfield’s barn, rented to and in control of the defendant, who must be regarded as bailee of the oats by deposit, with-a right to have, as against Mansfield and Fowle, two thirds of their shares, equal to two ninths of the whole. The general rule is that each cotenant has a right to the possession of all the property held in coten-ancy, equal to the right of each of his companions in interest, and superior to that of all…
2Cases cited10 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Rogers v. ArnoldNew York Supreme Court · 1834
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
- Newton v. HoweWisconsin Supreme Court · 1872
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3Cited by1 opinion
- Wisconsin Livestock Ass'n v. BowermanWisconsin Supreme Court · 1929