Legal Opinion

Fowler v. Fowler

Supreme Court of Connecticut

Decided June 15, 1882PublishedCited by 8 opinions

Civil action to reoover the defendants’ share of expenses incurred by the plaintiff in necessary repairs upon property owned by the parties as tenants in common; brought to the Court of Common Pleas. Cross-complaint by defendants, answer to same by plaintiff, finding of the faets by the court, and a reservation of the case for advice. The case is sufficiently stated in the opinion.

1Opinion of the CourtCarpenter, J.

The plaintiff is a tenant in eommon with two others of certain mill property. For himself, and representing also one of “his co-tenants as lessee, he made necessary repairs. This action is brought against the other co-tenant to recover one third the expense of such repairs. The faets are found and the case is reserved for the advice of this court.

It is objected that the action will not lie; that such an action could not be maintained at common law; that we *257have no statute authorizing it; and that we have no precedent for it in our reports. Nevertheless we are of the opinion that the action…

2Cited by8 opinions

  1. Kane v. KaneSupreme Court of Connecticut · 1935
  2. Gage v. GageSupreme Court of New Hampshire · 1890
  3. Pollard v. PollardConnecticut Superior Court · 1961
  4. Seidel v. SeidelSupreme Court of Connecticut · 1930
  5. Niles v. Carlton's EstateSupreme Court of Vermont · 1910

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