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14 N.C. 398

Lucas v. . Wasson

Supreme Court of North Carolina

Decided December 5, 1832

Supreme Court of North Carolina · decided 1832-12-05

Trover. Plea — JVof guilty, and on the trial before Swain, Judge, at Rutherford, on the last circuit, the case was, that the plaintiff and the defendant Wasson were joint owners of a quantity of cotton ; that the defendant Hardin, by the directions of the defendant Was-Son, carried the cotton away and disposed of it in some place not known.

Cited by 1 later decisions — most recently February 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1832-12-05

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Daniel, Judge.

¶1 One tenant in common of a personal chattel has as much right to the possession of it as the,other; therefore, one tenant in common cannot maintain trespass or trover against his co-tenant without sho^ig that the co-tenant has destroyed the joint property. (St. John v. Standring, 2 John. R. 468.) it is not sufficient to shew., that the defendant took forcible possession of- the chattel and carried it away, (Heath v. Hubbard, 4 East. 121.) or that lie changed its form-by applying it to the use it was intended for. (Fennings v. Greenville, 1 Taunt. 241.) In the present case, it was in evidence, that the defendant Wasson, did not retain the possession of the cotton, but caused it to be sent off by thjá other defendant to a place unknown to the plaintiff, so that as to him it is wholly lost, and from its perishable nature, must be destroyed as far as his intereSpin it is concerned. We think the charge of the judge was correct, and the judgment must be affirmed.

¶2 Per Curiam. — Judgmektt appirme».

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