Graham v. Pierce
Supreme Court of Virginia
In February 1854 David Graham and thirteen other persons, partners under the name of the Wythe Union Lead Mines Company, filed their bill in the circuit court of Wythe county, against Alexander Pierce and Alexander FT. Chaffin.
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In February 1854 David Graham and thirteen other persons, partners under the name of the Wythe Union Lead Mines Company, filed their bill in the circuit court of Wythe county, against Alexander Pierce and Alexander FT. Chaffin. The plaintiffs allege in their bill, that they are the owners of fourteen sixteenths of valuable lead mines lying in the county of Wythe, to which is attached a large quantity of land and valuable fixtures for the manufacture of lead on an extensive scale; and the remaining two sixteenths belong to Alexander Pierce and Alexander U. Chaffin. That the property is…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
The court is of opinion that every tenant in common has a right to possess, use and enjoy the common property without being accountable to his co-tenants for rents or profits, except under the statute for so much as he may receive beyond his just share or proportion. Code, p. 586, ch. 145, § 14. And although it may be best for the interests of all the tenants in common to use the common property jointly, by means-of a contract of partnership between them, yet the individual owners have a right to decide that question for' themselves,' and are not…
2Cases cited1 opinion
- Early & Wife v. FriendSupreme Court of Virginia · 1860
3Cited by11 opinions
- Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
- Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
- Rust v. RustWest Virginia Supreme Court · 1881
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Dodson v. HaysWest Virginia Supreme Court · 1887
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