Tinney v. Stebbins
New York Supreme Court
APPEAL, by the plaintiff, from a judgment of nonsuit. In April, 1855, the plaintiff took of the defendant five or six acres of his mint ground, to work on shares, the plaintiff to put in the crop and do the work, and the defendant to fur-finish. a team and half the roots, and a distillery, and each to have half of what was raised, to be divided in the oil.
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APPEAL, by the plaintiff, from a judgment of nonsuit. In April, 1855, the plaintiff took of the defendant five or six acres of his mint ground, to work on shares, the plaintiff to put in the crop and do the work, and the defendant to fur-finish. a team and half the roots, and a distillery, and each to have half of what was raised, to be divided in the oil. The parties went on under the contract, each doing his part, and raised a crop which when distilled, amounted to 112 pounds. It was filtered on the defendant’s premises, according to the contract, and when filtered was there in his…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The plaintiff and defendant were tenants in common of the 112 pounds of oil in controversy, and the same was in the defendant’s possession at the time of the commencement of this suit, and he had refused to let the plaintiff have his half thereof, bio action at law will lie, at the suit of one tenant in common, *292in respect to the common property, without proving a loss, destruction or sale, of the article by the co-tenant. (Gilbert v. Dickenson, 7 Wend. 450. 2 John. 468. 3 Id. 175.) Nor can any action at law be maintained by one joint tenant or tenant in…
2Cases cited4 opinions
- Smith v. SmithCourt of Appeals of Virginia · 1826
- Tripp v. RileyNew York Supreme Court · 1863
- St. John v. StandringNew York Supreme Court · 1807
- Rowland v. M'GeeCourt of Appeals of Kentucky · 1816
3Cited by4 opinions
- Loker v. EdmansAppellate Division of the Supreme Court of the State of New York · 1923
- Godfrey v. WhiteMichigan Supreme Court · 1886
- Andrews v. BettsNew York Supreme Court · 1876
- In re the Judicial Settlement of the Accounts of LucyNew York Surrogate's Court · 1893