Clipped From The Times

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 - XYBCXO T. BAWDSLAAB. This was an action tried...
XYBCXO T. BAWDSLAAB. This was an action tried before Mr. Justice A. L. Smith and a jury to recover possession of a gold enamelled snuff - box or for damages for trover. 'Th. plaintiff, who wa an art dealer, purchased the snuffbox snuffbox for 130, and he agreed to allow on. Fraakenheim, also aa art dealer, to hav. a half interest in th. box for 65, (object to th. plaintiff having th. possession of th. box aad th. selling of it. Th. plaintiff stated that - dis gave the snuff - box. with other article, to Frankennetm to take to Christie to M sola, ana th. jury found that Frankhenheim pledged hi half share in tha snuff - box with th. defendant a security!, for money due from him to tha defendant. Th. - , learned Judge held upon this finding that Fraakenh.iat,j as part owner of the anasT - box, could pledge hist undivided moiety, tad that th. plaintiff could ooK maintain an action against an. ucicxxians so rewtfc th. box without paring off th. amount of th. chaxf - sk to th. extent of Fraakenheim' half share ; and, further, that th. special contract between the nlaintiff and Fraakenheim that the plaintiff should retain possession of the saua - box did - not give say right Of action against the defendant. He accordingly gava judgment for the defendant. (See 8 Tkt Tint Law Report, 395.) The plaintiff appealed. Mr. Willis, Q.C.. aad Mr. Fillat, ror tho plaintiff, contended that the ml. of law that ona joint owner of a chattel could sell or charge (hare in the chattel aod deliver possession did not apply ia this esse. Her. Fraakenheim became joint owner subject to th. express condition in the original contract contract that the plaintiff should have and retain possession of the an off - box. Fraakenheim, therefore. never was cmitica to or naa possession vi uiv uua, except for the specific purpose of taking it to Christie's. The plaintiff, therefore, being entitled to the possession, could maintain an action of detioaa against Fraakenheim, and uerefore against th. defendant, who could stand ia no better position than Fraukenheixn. A person entitled, to possession) could maintain aa action of detinue even as against tb. true owner f " Robert r. Wystt," 2 Taunt., 2C8 Brierley v. Kendall." 17 Q.K, 937 : - Gordon r. Harper," 7 T.R., 9). They al contended that unity of possession was essential to joint tenancy or tenancy in common, anu as uiem was trj unity nx possession here, neither a joint tenancy nor a tenancy' in common waa created. Praakenheim had only a. contractual interest. . right to take half ta. pro - t ceeds arising from the tale or tne iuub - oox. Mr. W. n. Clay, for th. defendant, contended that tha true position of Frsnkenheim wa that h. wa part owner ot the box, with a certain agreement annexea . tut vara Aisautcnncim picusjcu. ebb oox witu the defendant he passed the property ia his share to tha defendant without any agreement annexed to it. Th. agreement was from the nature of the thins; personal to Fraakenheim. The agreement could not. affect Frankenheim'a right of property : at moat tha plaintiff eoald only sua Frsnkenheim nsou th. coo - ! tract. The plaintiff could net so. him in detinue. rraaJtenheua naa merely connwUed a breaofc of contract. contract. The action of detinue would not lie uni est founded upon sons, right of property. Mere poaiesiioa waa aos sumciest ,iv0' i4ts., s. Tb. CotTET. ha vine taken tiat. to cmaiiilir. delivered judgment this lavsratBg allowiag tea aafstal. a WIB JWKt STAY said tfcat ah. quesAtau waa whether the pUtnattT could maintain oVtaao., Jf adhered to what was said ia 8wlwyn' Mii fiiud and in Sullen aad Leak, that aay ierM w. aad? a right to tho ismedtaz. poaitBtia. of founded noon ;tv speeial or g sacral aii nitH dttiail. Dad ta. plsaalltT shea, stay if aafj special Tsrosaerty ia Tisiik i aaiiia' f . heat f It waa, said tfcaa tatre waa - a. taasnsy ta )waswsa wo, tea box oecasst. Ftaaae tscl slaiastaVs ynsienisa t rraakiaassuw wa awt eajtla) ta Tha (.! I waa apt iniatsV 1W issawss ws rhoA of asssiiif .a Fraakcnsvataa, aad at ismnt li i waaaywi j sion, at. (ia. Lanl J - stis.) lisaHni raVa wfmaj tut to U thai aW jliiaaif . If fWjfwj - a kavra ( .ammSS waa tawat W WsjmW coatra to bar. pssswaaiasj aad aasvt: ass waa aa Th. true tonslwslwa

Clipped from
  1. The Times,
  2. 09 May 1892, Mon,
  3. Page 3

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