Johnson v. Johnson
North Dakota Supreme Court
Action in trover for the proceeds of property, rented to a third person by a cotenant. Appeal from the County Court of Cass County, A. G. Hanson, J. Judgment for defendant. Plaintiffs appeal. - Statement of facts by Bruce, Oh.
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Action in trover for the proceeds of property, rented to a third person by a cotenant. Appeal from the County Court of Cass County, A. G. Hanson, J. Judgment for defendant. Plaintiffs appeal. - Statement of facts by Bruce, Oh. J. This is an action for the conversion-of wheat and wood grown on •a 40-acre tract of land in Ransom county, North Dakota/during tire inclusive years, 1911 to 1915, the title to the land being in the name of all of the parties to the action including the defendant. The’complaint is the ordinary one in conversion, and alleges “that the plaintiffs herein are the owners…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). The principal question to .be determined is whether one or many tenants in common may sue, on the theory.of conversion, another tenant in-common, who has fieen uninterruptedly and peaceably in- the possession of the premises, *144■and without any protest on the part of the other tenants, for the interest of the said tenants in the crops raised on said land, or the rental thereof, •or whether the action, if any, should be an action in the nature of accounting or assumpsit, or whether in fact any action at all exists.
“The decided preponderance of the…
2Cases cited7 opinions
- Ayotte v. NadeauMontana Supreme Court · 1905
- McCaw v. BarkerSupreme Court of Alabama · 1896
- Schuster v. SchusterNebraska Supreme Court · 1909
- Dorrance v. RyonSuperior Court of Pennsylvania · 1908
- Olin v. MartellSupreme Court of Vermont · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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- Lerman v. LevineConnecticut Appellate Court · 1988