The New Hampshire Reports Volume 47

The New Hampshire Reports Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ... provides that an action of account may be brought and maintained "by one joint tenant and tenant in common, his executors or administrators, against the other as bailiff, for receiving more than comes to his just share and proportion, and against the executor and administrator of such joint tenant or tenant in common." But under this act it was held that if ' one of two tenants in common solely occupy the land, farm it at his own cost, and take the produce for his own benefit, his co-tenant cannot have an action of account against the former as his bailiff, by reason of the former having received more than comes to his just share and proportion. But it was held that this statute of Anne applied only to cases where rent or payment in money, or in kind due in respect of the premises, is received from a third party by one co-tenant who retains for his own use the whole or more than his proportional share. He1zderson v. Eason, 9 Eng. L. & Eq. 337, 340; S. C. 17 Adol. & Ellis N. S. 701; 4 Kent's Com. 369, 370. It is claimed in argument that by the holdings in Massachusetts, this action may be maintained on the general counts. In Shepard v. Richards, 2 Gray 424, where the cases are reviewed, it is held that one tenant in common who has received in money more than his share of the profits of the estate, is liable to his co-tenant in an action at law for the surplus; but that, in order to support such an action, it must appear that the defendant has received more than his share, not merely of a single article of produce, but of the entire profits of the estate after deducting all reasonable charges, and that the balance is due to the plaintiff and not to other co-tenants; and in Peck v. Carpenter, 7 Gray 283, it is held...
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Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • United States
  • English
  • black & white illustrations
  • 1236898346
  • 9781236898340