gno.law

Hewlett v. Moore & Moore

California Supreme Court · No. 4890 · 1875-07-01 · Published · 50 Cal. 474

SAMUEL HEWLETT and LEWIS HEWLETT v. OWENS & MOORE

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

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.

Cited by