Wood v. Steinau

Citations

• 9 S.D. 110
• 68 N.W. 160
• 1896 S.D. LEXIS 107

Syllabus

<p>1. A tenant in common of personal property, to the actual possession of which he is entitled, may maintain an action for conversion against his co-tenant who denies his interest, and by whose act the plaintiff has been deprived of the possibility of any enjoyment of the property.</p> <p>2. An instruction which assumed a matter in dispute, and to which the evidence is conflicting, to be as claimed by one party, is misleading and prejudicial.</p>