Manti City Savings Bank v. Peterson
Utah Supreme Court
Appeal from District Court, Seventh District; E. Erickson, Judge. Action by the Manti City Savings Bank against' Niels Peterson and others. Judgment for plaintiff. Defendants appeal. APPELLANTS POINTS. No rule is better settled tban that one tenant in common cannot maintain replevin against his co-tenant for his individual interest in the property. This is for the reason that one party only has as much right to the possession of the common property as the other.
Read the full summary
Appeal from District Court, Seventh District; E. Erickson, Judge. Action by the Manti City Savings Bank against' Niels Peterson and others. Judgment for plaintiff. Defendants appeal. APPELLANTS POINTS. No rule is better settled tban that one tenant in common cannot maintain replevin against his co-tenant for his individual interest in the property. This is for the reason that one party only has as much right to the possession of the common property as the other. (Shinn on Replevin, sec. 183 and authorities there cited: Cobbey on Replevin, sec. 292 ei seq; Bohlin v. Arthur, 115 U. S. 482; Hill…
1Opinion of the CourtStraup, J.
This is an action of replevin. On December 5, 1902, one Peter Thompson gave a mortgage to the plaintiff on 1,600 head of stock sheep to secure the payment of a-promissory note for $1,594.16 payable August 1, 1903. The note and mortgage evidenced a renewal of a loan theretofore made hy plaintiff to Thompson. Peter Thompson was engaged in the business of running sheep and farming. He died August 2, 1903. No part of the note had been paid. The. mortgage contains a provision giving the mortgagee the right to take possession of the sheep on default of payments or breach of the mortgage *212covenants.…
2Cases cited7 opinions
- Randall v. ChubbMichigan Supreme Court · 1881
- Gassett v. GlazierMassachusetts Supreme Judicial Court · 1896
- Lewis v. SheldonMichigan Supreme Court · 1894
- Spragins v. . WhiteSupreme Court of North Carolina · 1891
- Manti City Savings Bank v. PetersonUtah Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mahoney v. Citizen's National BankIdaho Supreme Court · 1928
- J. A. Hagan, Standard Accident Insurance v. CosperArizona Supreme Court · 1930
- Johnson v. CoveyUtah Supreme Court · 1953
- Garner v. AndersonUtah Supreme Court · 1926
- Mason v. MadsonMontana Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.