Legal Opinion

Hilliard v. Dean

Supreme Court of Vermont

Decided October 15, 1891Published

Trespass for the taking and carrying away of certain lumber. Heard upon the repout of a referee at the June term, 1889, Bennington county, Tyler, J., presiding. Judgment on the report for the plaintiff. The defendant excepts. The opinion states the case. The title to the laud was in the defendants and that carried with it the title to the lumber. Diclcerman v. Bay, 55 Yt. 68 ; Town of Lemingtonv. Stevens, 48 Yt. 41; Bish.

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Trespass for the taking and carrying away of certain lumber. Heard upon the repout of a referee at the June term, 1889, Bennington county, Tyler, J., presiding. Judgment on the report for the plaintiff. The defendant excepts. The opinion states the case. The title to the laud was in the defendants and that carried with it the title to the lumber. Diclcerman v. Bay, 55 Yt. 68 ; Town of Lemingtonv. Stevens, 48 Yt. 41; Bish. Oon., s. 673 and cases there cited; Blaisteel v. Stevens, 16 Vt. 186; Field, Morris dé Go. v. Stearns, 42 Yt. 111. Wilkins being in possession under an arrangement by which…

1Opinion of the Court

The opinion of the court was delivered by

START, J.

In this case the plaintiff seeks to recover the value of a quantity of lumber purchased by him of one Fred B. Wilkins, and taken by the defendants from his possession. The *293defendants claim title to the lumber by reason of their owning the land from which it was severed. The lumber was severed from land the legal title of which was in the defendants. The defendants had given Wilkins a bond conditioned that they would convey the land to him when he paid twelve hundred and fifty dollars and gave a mortgage back to secure the payment of the…

2Cases cited2 opinions

  1. Whitcher v. MoreySupreme Court of Vermont · 1867
  2. Dickerman v. RaySupreme Court of Vermont · 1883

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