Wood v. . Atkinson

In this case, there was no evidence that Lindsay’s share of the corn and pork had been set apart for him'by Atkinson, and while so set apart, that the conveyance to the Plaintiff was made. Before the Plaintiff can recover, he must shew that the share of Lindsay had been set apart, otherwise the case would rest upon the mere contract of the parties. He must shew, in the next place, that after Lindsay’s share had been so set apart, it was conveyed to him, and before any conversion thereof was made by Atkinson. The evidence does not support either part of the case, and the nonsuit was proper. Let the rule for a new trial be discharged.