Hewlett v. Moore & Moore
Synopsis
Tenants in Common of Pebsonal Pbopebtx.—If the owner of sheep lets them for a year to another, with an agreement that he is to take care of and pasture and shear them, and sack the wool, and deliver the same to the owner of the sheep to be sold, or at a port to be shipped to a commission merchant, and that when the wool is sold the proceeds shall be equally divided, the parties become tenants in common of the wool, and the delivery of the wool is merely a step looking to a division to be had between them.
Bepkevin.—Neither of the tenants in common of personal property, where there is an agreement that it shall be delivered by one to the other to be sold, or shipped to a commission merchant and sold and the proceeds equally divided, can maintain replevin against the other, nor against the vendee of the other, to recover it.
By the Court: Hoerl and the plaintiffs were tenants in common of the wool. The delivery to be made by Hoerl under either of the written agreements in evidence was merely a step looking to a division to be had between the parties according to their respective interests.
Being tenants in common neither could, under the circumstances appearing in this case, maintain replevin against the other, nor against the vendee of the other.
Judgment and order reversed and cause remanded for a new trial.
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