Hewlett v. Moore & Moore

Citations

• 50 Cal. 474

Syllabus

<p>Tenants in Common of Pebsonal Pbopebtx.—If the owner of sheep lets them for a year to another, with an agreement that he is to take care of and pasture and shear them, and sack the wool, and deliver the same to the owner of the sheep to be sold, or at a port to be shipped to a commission merchant, and that when the wool is sold the proceeds shall be equally divided, the parties become tenants in common of the wool, and the delivery of the wool is merely a step looking to a division to be had between them.</p> <p>Bepkevin.—Neither of the tenants in common of personal property, where there is an agreement that it shall be delivered by one to the other to be sold, or shipped to a commission merchant and sold and the proceeds equally divided, can maintain replevin against the other, nor against the vendee of the other, to recover it.</p>