Legal Opinion

McCaul v. Kilpatrick

Supreme Court of Missouri

Decided August 15, 1870PublishedCited by 1 opinion

Error to Fifth District Court. I. The deed from defendant to Dodge had the effect to make Dodge and those claiming under him tenants in common. (Adams v. Erothingkam, 3 Mass. 352; 1 Washb. Real Prop. 416, “ Tenants in Common,” § 3 ; Co. Litt., § 299 ; Pipkin y. Allen, 29 Mo. 229.) II. One tenant in common can not maintain trespass against his co-tenant for injury to the joint estate. (4 Kent’s Com. 370, 411, 9th ed.) III.

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Error to Fifth District Court. I. The deed from defendant to Dodge had the effect to make Dodge and those claiming under him tenants in common. (Adams v. Erothingkam, 3 Mass. 352; 1 Washb. Real Prop. 416, “ Tenants in Common,” § 3 ; Co. Litt., § 299 ; Pipkin y. Allen, 29 Mo. 229.) II. One tenant in common can not maintain trespass against his co-tenant for injury to the joint estate. (4 Kent’s Com. 370, 411, 9th ed.) III. One tenant in common can not select and hold, or convey by metes and bounds, a distinct portion of the estate, because the same would prejudice his co-tenant, or hold his…

1Opinion of the CourtCuReier, Judge

This is an action of trespass quare clausum. It appears from the agreed case which was read in evidence to the jury that the plaintiff acquired from the defendant, through several intermediate conveyances, title to one-fourth of a twenty-acre tract of land ; the particular fourth not being specified in the conveyances. The agreed case further shows that the plaintiff, subsequently to his acquisition of title, “ procured the county surveyor, and marked out and selected five acres in the southwest corner of said twenty acres, in the absence and without the knowledge or consent of the…

2Cases cited4 opinions

  1. Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
  2. Jackson v. BlodgetNew York Supreme Court · 1819
  3. Jackson, ex rel. Garnsey v. LivingstonNew York Supreme Court · 1831
  4. M'Lean v. RankinNew York Supreme Court · 1808

3Cited by1 opinion

  1. Stevens v. JohnsonSupreme Court of New Hampshire · 1875

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