Clark v. Jones
Synopsis
Actions between Tenants in Common.—If several persons are the owners, as tenants in common, of a mining claim, and one of them is also a tenantin common with several other persons in the ownership of an adjoining claim, and the first named owners lease their claim to the second named owners, to be mined for a given term, and the one of the lessees who is ’ a tenant in common in both claims, and superintendent of the lessees’ claim, after the term of the lease has expired, as superintendent of the lessees and a member of their company, sells the tailings of the claim leased, and accounts to the lessees for the proceeds, the other lessors cannot maintain an action against him as a tenant in common in their company for their proportion of the proceeds.
By the Court: The defendant in the transaction with the Chinamen acted © not as a member of the Dardanelles Company, but as a member of the Oro Company, upon the books of which latter company the $1,900 were entered and accounted for as received for that company. Under these circumstances the action against Jones, as sustaining the relation of tenant in common with the plaintiff, cannot be maintained.
Judgment and order denying a new trial reversed and cause remanded. Remittitur forthwith.
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