This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 Excerpt: ...held that trover (but not trespass) would lie by one co-tenant of goods against another who sells the whole interest in the chattels. One tenant in common of personal property can sell his own share only. Bradley p. Boynton, 22 Maine, 287. If he sells the whole interest in the common property, the vendee of the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 Excerpt: ...held that trover (but not trespass) would lie by one co-tenant of goods against another who sells the whole interest in the chattels. One tenant in common of personal property can sell his own share only. Bradley p. Boynton, 22 Maine, 287. If he sells the whole interest in the common property, the vendee of the original co-tenant caunot be sued while in possession. The person in possession under such a sale is a cotenant with the rightful ownev. The remedy is in trover against the co-tenant, whoever he may be, who sells the whole subject as for a conversion of the share of the other 1 So if one joint owner misuses the joint property, or delivers it wrongfully to a stranger for improper purposes, and such stranger denies the right of the other joint owner, trover lies. Agnew p. Johnson, 17 Peun. 373. Lowe p. Miller, 3 Gratt-205. Tyler v. Taylor8 Barb. (N. Y.)585. Smyth p. Tankersley, 20 Ala. 212. And in Illinois, by statute, one tenant in common may maintain trover against another, who assumes exclusive control over the property. Benjamin p. Stremple, 13 111. 466. In Vermont, it is held to be settled that a sale by one of two tenants in common is not a conversion. Barton e. Burton, 1 Wms. 03. So in North Carolina, trover does not lie by one tenant in common against the other, unless there be a destruction of the property; and a sale of a slave within the state is not such a destruction. Pitt v. Petway, 12Ired.I, aw(N. C.) 69. Trespass caunot be maintained by one tenant in common of goods against a vendee of the goods to whom an officer had delivered them as the sole property of the other; nor, it seems, can trover be maintained. Fiero e. Betts, 2 Barb. (N. Y.) 633. But see White v. Morton 22 Vermont, 15. Blevins e. Baker, 11 Ired. 291. Crocker p. Carson, 33 M..
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Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.