Strong v. Richardson
Supreme Court of Vermont
Account. The plaintiff alleged in his declaration, that the parties, from July 31, 1841, until the commencement of this suit, were the joint and equal owners of lot No. 24 of the third division of lots in Mendon, and that the defendant had the charge, administration and possession of the same, and cut, sold and used timber therefrom, to the value of $1000, to render account for the same to the plaintiff, when thereunto afterwards requested.
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Account. The plaintiff alleged in his declaration, that the parties, from July 31, 1841, until the commencement of this suit, were the joint and equal owners of lot No. 24 of the third division of lots in Mendon, and that the defendant had the charge, administration and possession of the same, and cut, sold and used timber therefrom, to the value of $1000, to render account for the same to the plaintiff, when thereunto afterwards requested. The defendant pleaded in bar, that he was not the bailiff of the plaintiff for the time specified in the declaration, that the parties were not the joint…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
It is not doubted, that, under our statute, the action of account is a proper mode to equalize the reception of rents and profits between tenants in common of an estate, where one tenant has received more than his just share. If the interest of each is not sufficiently set forth in the declaration, or if the fact of the receipt of an undue proportion is not properly stated, the proper course on the part of the defendant is to demur. In the present case, although the defendant contends, that the plaintiff’s declaration is vicious in both of…
2Cases cited2 opinions
- Brinsmaid v. MayoSupreme Court of Vermont · 1837
- Ganaway v. MillerSupreme Court of Vermont · 1843