Legal Opinion

Small v. Ball

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 1 opinion

Trespass qua. clau. The case was referred, and the referee made the following report: “ The plaintiff owned the northerly portion of lot No. 9 in the third range of lots in the town of Stratton, having purchased said lot on August 14, 1869. C. O. Holden then owned lot 10 in the same range, lying northerly of and adjoining lot 9. In the summer or fall of 1869, Holden sold a quantity of ash timber standing on lot 10, to the defendant Francis P. Ball, and subsequently sold the…

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Trespass qua. clau. The case was referred, and the referee made the following report: “ The plaintiff owned the northerly portion of lot No. 9 in the third range of lots in the town of Stratton, having purchased said lot on August 14, 1869. C. O. Holden then owned lot 10 in the same range, lying northerly of and adjoining lot 9. In the summer or fall of 1869, Holden sold a quantity of ash timber standing on lot 10, to the defendant Francis P. Ball, and subsequently sold the lot to Lewis Foot, reserving said timber. The said Francis purchased said timber to work into scythe snaths, and…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, Ch. J.

It appears from the report of the referee that in 1869 one Holden was the owner of lot No. 10 in Stratton, and the plaintiff was the owner of lot No. 9 adjoining ; that Holden sold a quantity of ash timber standing on No. 10 to said F. P. Ball, to be cut and taken off by Ball. After the sale of said timber, Holden sold lot 10 to one Foot, reserving Ball’s right to the said timber. Said F. P. Ball then made an arrangement with his brother Orick to cut and draw out said timber for him and split it, preparatory to its being made into…

2Cases cited2 opinions

  1. Andrus v. HowardSupreme Court of Vermont · 1863
  2. May v. BlissSupreme Court of Vermont · 1850

3Cited by1 opinion

  1. Jewett v. PudloSupreme Court of Vermont · 1934

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