Warner v. Hoisington
Supreme Court of Vermont
Trespass quan-e clausum fregit. Plea, not guilty. Trial by jury, May term, 1868, Barrett, J., presiding. The evidence showed that the defendant and Daniel Rogers, in the year 1867, took a field of the plaintiff to plant to corn, and cultivate,' and harvest on shares, the plaintiff to have one half, the other half to belong to the defendant and Rogers ; that the corn was to be cut up by the defendant and Rogers, certain alternate and equal rows of it to be stooked together…
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Trespass quan-e clausum fregit. Plea, not guilty. Trial by jury, May term, 1868, Barrett, J., presiding. The evidence showed that the defendant and Daniel Rogers, in the year 1867, took a field of the plaintiff to plant to corn, and cultivate,' and harvest on shares, the plaintiff to have one half, the other half to belong to the defendant and Rogers ; that the corn was to be cut up by the defendant and Rogers, certain alternate and equal rows of it to be stooked together and to be the plaintiff’s share; the other rows stooked together to be the share of the defendant and Rogers; and such…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
The defendant acquired, by his contract with the plaintiff, only a naked right to enter upon the plaintiff’s field for *97the purpose of raising' and harvesting a single crop upon shares. This does not amount to a lease of the land. Bishop v. Doty, 1 Vt., 40. It did not divest the plaintiff of the legal possession of the field any more than would a contract to permit the defendant to enter upon the field and dig and remove stone, or cut and draw awaywood or timber. The relation of landlord and tenant is not created. The defendant does not obtain…
2Cases cited2 opinions
- Bishop v. DotySupreme Court of Vermont · 1827
- Grout v. KnappSupreme Court of Vermont · 1868
3Cited by7 opinions
- Lawrence v. O'NeillMassachusetts Supreme Judicial Court · 1944
- Gray v. RobinsonArizona Supreme Court · 1893
- Sawyer v. ChildsSupreme Court of Vermont · 1910
- Shoemaker v. CrawfordMissouri Court of Appeals · 1900
- Walworth v. JennessSupreme Court of Vermont · 1886
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