Miller v. Miller

Massachusetts Supreme Judicial Court

Miller v. Miller

26 Mass. 34

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1829

StatusPublished

Cited by1 cases

This text of 26 Mass. 34 (Miller v. Miller) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Miller, 26 Mass. 34 (Mass. 1829).

Pincite

Opinions

Per Curiam.

We suppose the fact very likely to be true, that the defendant intended to confine the lessees to his own land, and that they went over the bounds by mistake ; but that is not material, for this is an action for money had and received by the defendant, brought to recover the proceeds of wood belonging to the plaintiffs’ testator. We think there can be no question, but that if there are two tenants in common, and one of them takes money for the common property, whether by design or mistake, he is answerable in assumpsit to his co-tenant.¹

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Per Curiam.

We suppose the fact very likely to be true, that the defendant intended to confine the lessees to his own land, and that they went over the bounds by mistake ; but that is not material, for this is an action for money had and received by the defendant, brought to recover the proceeds of wood belonging to the plaintiffs’ testator. We think there can be no question, but that if there are two tenants in common, and one of them takes money for the common property, whether by design or mistake, he is answerable in assumpsit to his co-tenant.¹

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Bluebook (online)

26 Mass. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-miller-mass-1829.

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