Mead's Admx. v. Owen
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings and master’s report at the December Term, 1908, Addison County, Stanton, Chancellor. Decree for the oratrix. The defendant appealed. The opinion states the case.
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Appeal in Chancery. Heard on the pleadings and master’s report at the December Term, 1908, Addison County, Stanton, Chancellor. Decree for the oratrix. The defendant appealed. The opinion states the case. The defendant’s share of the proceeds of the common property was properly based on the amount received from the sale thereof by the receiver, and not on the valuation made by the arbitrators. 30 Cyc. 689; Moore v. Huntington, 17 Wall. 417; 2 Daniel Chancery, P. & P. 1741; Hutchinson v. Lassarenee, 2 Ball. & B. 55; 3 Kent Com. 37; Darby v. Darby, 3 Drew 495, 61 Eng. Bep. 992; Austin v.…
1Opinion of the CourtMunson, J.
The defendant occupied and carried on the oratrix’ farm on equal shares from March 4, 1904, to March 7, 1906, under an oral contract. When he came there he bought, at the oratrix’ request, the half interest of his predecessor in some live stock then on the farm; and the oratrix and the defendant maintained their equal interest in this stock' and its increase, and in the products of the farm, during the defendant’s stay. Difficulties arose between the parties early in the winter of 1905-6, and the oratrix demanded possession of the premises sometime in January; but after this the parties…
2Cases cited4 opinions
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