50 Cal. 474
Decided July 1, 1875
California Supreme Court · decided 1875-07-01
The plaintiffs owned two bands of sheep, consisting of twelve hundred, and four hundred and eighty head.
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
Cited by 4 later decisions — most recently May 1949
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Hoerl 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.
¶2Being tenants in common neither could, under the circumstances appearing in this case, maintain replevin against the other, nor against the vendee of the other.
¶3Judgment and order reversed and cause remanded for a new trial.