40 S.E. 825 | N.C. | 1902
One tenant in common can recover the entire tract against a third party, for each tenant is entitled to possession (33) of the whole, except against a cotenant. Yancey v. Greenlee,
As to the damages for cutting the timber, the plaintiff was entitled to recover only one-fifth, since this judgment would not be a bar to an action by the other four tenants in common for their pro rata part of the damages. Otherwise as to the realty, which cannot be destroyed, and the possession of which by the plaintiff inures to the benefit of his cotenants, since his possession is their possession. The judgment should *24 be modified by giving plaintiff judgment to recover the entire tract; and, as thus modified, it is
Affirmed.
Cited: Shelton v. Wilson,
(34)