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Free Books / Society / Law / Sales, Personal Property, Bailments, Carriers, Patents, Copyrights / | ![]() |
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Section 58. Purchaser From Co-Tenant |
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This section is from the book "Popular Law Library Vol5 Sales, Personal Property, Bailments, Carriers, Patents, Copyrights", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
When co-tenants own personal property, in common or jointly, one of the co-owners cannot by sale of the thing so owned rightfully transfer the title of his co-owner, unless of course in the case where the co-owner joins with him in the sale. Where one co-owner under claim of exclusive ownership to the property attempts to sell the entire interest in the goods, it is the general holding of most courts to treat such a sale as a conversion, and to hold the seller liable to the aggrieved party in an action in trover.
Some courts give the co-tenant in the property the election either of treating the sale as valid, and of seeking his remedy against the co-tenant selling the goods, or of repudiating the sale, and of continuing in his right to the property as a co-tenant, even as against a bona fide purchaser.15
 
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