Hudson v. . Swan
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made the fourth Monday of September, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made the fourth Monday of September, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts appear sufficiently in the opinion. A tenant in. common, or joint tenant or partner, cannot maintain replevin against his co-tenant, or copartner, for taking the common property. (Morris on Replevin [3d ed.], 125; Wilson v. Gray, 8 Watts, 35 ; Wright v. Bennett, 3 Barb. 451; Rogers v. Arnold,…
1Opinion of the CourtRapallo, J.
This action was in the nature of replevin, for taking a horse. The plaintiff, by his complaint, claimed the entire title to the horse, alleging that he was the owner and entitled to possession thereof, and that it was of the value of $2,500, and that the three defendants wrongfully took the horse from him and have ever since detained it; and he demands judgment for the return of the horse or its said value.
The defendants, by their answers, justify the taking, on the ground that the defendant Swan, being half owner of the horse and tenant in common thereof with the plaintiff, sold his half…
2Cases cited2 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Everett v. SaltusNew York Supreme Court · 1836
3Cited by17 opinions
- Blodgett v. RheinschildCalifornia Court of Appeal · 1922
- Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
- Tuthill v. . SkidmoreNew York Court of Appeals · 1891
- Williams v. AsheCalifornia Supreme Court · 1896
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
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