
    JAMES WALKER, Appellant, v. JAMES H. SPRING, Respondent.
    
      Tenants in common — one cannot maintain replemn against the other — judgment in action of replevin.
    
    The plaintiff brought this action in replevin to recover the possession of a stallion, which was taken into his possession by process issued in this action by the plaintiff. Upon the trial the defendant claimed, and the jury found, that he and the plaintiff were tenants in common of the horse. Held, that a judgment directing a return of the horse to the defendant, and in case the plaintiff failed so to do, directing a judgment in favor of the defendant for the full value of the horse, was proper. That the plaintiff must return the horse or pay its full value, and afterward compel the defendant to account. Such an accounting could not be had in the present action. {Bussell v. Allen, 8 Kern., 178.)
    Appeal from a judgment in favor of the defendant, entered upon the verdict of a jury.
    
      Wm. Rumsey, for appellant. W. B. Buggies, for respondent.
   Opinion by

Gilbebt, J.

Present — Mullin, P. J., Smith and Gilbebt, JJ.

Judgment affirmed.  