Massachusetts Supreme Judicial Court October 15, 1833 (Barnes v. Bartlett)

Shaw C. J.

delivered the opinion of the Court. This is replevin for a parcel of spermaceti oil. One principle in regard to this form of action is well settled, which is, that to maintain it, a party must have not only some right of property, but the right of possession; whence it follows, that a tenant in common cannot maintain replevin against a co-tenant, because they have each and equally the