Sullivan v. Sherry
Wisconsin Supreme Court
Appeal from an order of the circuit court for Shawano county: John Goodland, Circuit Judge. Action for damages for the wrongful cutting and removing of timber, from certain lands and the conversion of such timber to the use of the wrongdoer.
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Appeal from an order of the circuit court for Shawano county: John Goodland, Circuit Judge. Action for damages for the wrongful cutting and removing of timber, from certain lands and the conversion of such timber to the use of the wrongdoer. The complaint stated in substance that, during the fall and winter of 1897-98, Thomas Jénnings and the Ingersoll Land & Lumber Company were owners and tenants in common of certain real estate described, during which time defendants, in conjunction with and by license of said lumber company, without the consent of said Jennings, entered upon and cut and…
1Opinion of the CourtMabshall, J.
The general rule is that one tenant in common cannot maintain trespass or trover against his co-tenant or the latter’s licensee of the joint property in respect thereto. ■ The trial court, supposing that such rule was controlling in this case, sustained the demurrer. It is not infrequent that courts are misled into giving a general, the effect of a universal, rule. There are but few of the former that are not subject to exceptions as well established and important as the general principle; and the rule in question does not belong to that few. It is subject to several exceptions, one being…
2Cases cited9 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Murray v. HavertyIllinois Supreme Court · 1873
- Symonds v. HarrisSupreme Judicial Court of Maine · 1862
- Clow v. PlummerMichigan Supreme Court · 1891
- Earll v. StumpfWisconsin Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Remington v. LandoltOregon Supreme Court · 1975
- Holder v. Elmwood CorporationSupreme Court of Alabama · 1936
- Thiessen v. WeberSupreme Court of Kansas · 1929
- Kelly v. RummerfieldWisconsin Supreme Court · 1903
- Robert L. Preston v. United StatesCourt of Appeals for the Seventh Circuit · 1982
1 more not listed; retrieve them via the Exa API.