The Montgomery advertiser., 1903-09-02

dictment for larceny, where there is no evidence tending to show that defendant was loaned the money which he was alleged to have stolen, charge request ed by the defendant is properly refused which instructs the jury, of you believe from the evidence the witness Thomas loaned the defendant the property alleged to have been stolen, you cannot convict the defendant"
 Affirmed.
 Opinion by Tyson, J.
 GULF RED CEDAR co. ct al V. CREN-
 SHAW ct al.
 Bill in Equity by Co-tenants for an Ac- counting and Injunction-Appeal from
 Chancery Court of Butler.
 l. Right of co-tenant to maintain bill Tor an accounting; when shown to exist Although there is concurrent Jurisdiction between courts of equity and courts of law as to all matters of accounting be- tween tenants in common, either tenant may invoke assistance of equity to com pei an accounting by his co-tenant upon showing a necessity therefor.
 2. Same; same; case at bar.-where a tenant in common receives more than his share of the proceeds. as by cutting down timber from lands owned in com mon and selling 1t, his co-tenant can maintain bill in equity for an account ing; and when in a bill filed by said CO., tenant, 1t is averred that the defendant had for number of years cut and re- moved timber from the lands owned in common and converted the proceeds to his own use; that by reason of such facts the accounts between defendant and complainant were complicated and were all kept by the defendant, and for want of information or knowledge the com plainant was unable to tell how much timber had been cut by the defendant and converted to his owrr use and that the defendant was continuing to cut said timber and that, therefore, a discovery was necessary, and the bill prayed for such discovery for an accounting be- tween the complainant and defendant, and for an injunction restraining the de- fendant from cutting the timber in future, such bill contains equity and can be main- tained.
 3. Bill for an accounting; when no mis- Joinder of parties.-Where bill is filed by several tenants in common against a CO., tenant. for an accounting on his part in cutting and disposing of timber from lands in which complainants and defend- ant were Jointly interested. and the com- plainants all claim under a common source of title, there is no misjoinder of parties complainants, although some of them might be entitled to recover more than the others.
 {. Same; misjoinder of causes of &C., tion.-Where a bill is filed by a tenant Tn common against a co-tenant asking an accounting between the parties because of the defendant cutting and disposing of timber from the lands owned in common and converting the proceeds to his own use, and it is averred that the defendant not only cut the timber from the lands owned by complainants and defendants as tenants in common, but also from a contiguous tract of land in which the defendant had no interest. there is no misJoinder of causes of action by reason | Of the fact that in addition to holding de- | fendant liable to account for the timber | in which he was tenant in common with l the complafnants, the bill further seeks to hold him liable for the timber cut in which he had no interest.
 | D. Bill for an>acounting; statute of lim- | ltations.-Where 8 bill is filed by tenants | In common against a co-tenant for an | accounting because of the defendant, during series of years, cutting and disposing of timber in which complain | ants and defendant were tenants in com | mon, 1t is averred in such bill that at the time of it's filing the defendant was continuing to cut and dispose of said timber. such bill is not subject to demur- Ter upon the ground that it Is barred by | the statute of limitations of six and ten | years.
 | 6. Bill in equity for an accounting be- tween tenants in common and for a dis covery when officers of corporations not | Improper parties defendant.-Where a bill Is filed by tenants in common against a | corporation as a co-tenant, seeking an accounting and asking for a discovery, and the President and General Manager Of the corporation are made parties de- fendant upon the ground that the com plaints not being informed as to who is better able. by reason of a knowledge of the facts, to make answer for the com pany. both of such officers are made de- fendants. and a number of interrogatories are propounded to the defendant corpora ton to be answered by said officers as | to the one or the other who have a Knowledge of the facts inquired about, such bills not subject to demurrer upon the ground that the defendant corpora ton may be prejudiced by the answers made by its officers joined as parties de- | fendant.
 ] Affirmed.