Barton v. Burton
27 Vt. 93
Vt.
1854
Check Treatment

The opinion of the court was delivered by

Bennett, J.

1, We cannot regard it, as an open question in this state, whether a sale of an entire chattel by one tenant in common, to a third person is a conversion, so as to give his cotenant a right to maintain an action of trover, The question must be considered at rest.

But it is said that, in this case, the defendant stands as a stem* ger, and, therefore, his act in selling the property is a conversion; but the case shows that he acted as the agent of the transportation company, and, as to this action, stands in their shoes.

Judgment affirmed,