Gillis v. M'Kinney

The opinion of the Court was delivered by

Kennedy, J.

This action is assumpsit, instituted in the court below by the plaintiff in error to recover from the defendant the value of a quantity of lumber taken and disposed of by the latter, which the former alleges belonged to him. It appears from the evidence that they were tenants in common of a tract of land on which there were a saw-mill and some other buildings; that they let the property to a man of the name of Mead on shares; that is, Mead was to give the plaintiff and defendant one-half, or each one-fourth of all the lumber he should saw at…