Balch v. Jones

Citations

• 61 Cal. 234
• 1882 Cal. LEXIS 586

Syllabus

<p>Tenant in Common oe Personal Property—Action to Recover Personal Property.—A tenant in common in a chattel can not maintain an action 'against his co-tenant for a recovery of the specific chattel or for his undivided interest therein.</p> <p>Id.—Conversion—Evidence.—A formal demand for the possession of personal property, and a refusal to deliver it, is not necessarily proof of conversion, but only evidence which may or may not establish the conversion.</p> <p>Id.—Id.—Trover—Pleading.—Hence an averment of demand and refusal is not the equivalent of an averment of conversion.</p> <p>Id.—Id.—Id.—Trover is not maintainable by a tenant in common of a chattel agajnst his co-tenant upon mere proof of demand and refusal.</p>