Catlin v. Barnard
Supreme Court of Vermont
THE plaintiffs declared against the defendants, in a plea of covenant broken, as follows: For that, whereas, heretofore, to wit, on the eleventh day of July, 1823, at Burlington aforesaid, by a certain indenture then and there made between Lynde Catlin, of the first part, Guy Catlin, of the second part, and the said Lansing Barnard and Charles Burnham, of the third part, one part of which said indenture, signed and sealed by said parties, the said Lynde. and Guy here bring…
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THE plaintiffs declared against the defendants, in a plea of covenant broken, as follows: For that, whereas, heretofore, to wit, on the eleventh day of July, 1823, at Burlington aforesaid, by a certain indenture then and there made between Lynde Catlin, of the first part, Guy Catlin, of the second part, and the said Lansing Barnard and Charles Burnham, of the third part, one part of which said indenture, signed and sealed by said parties, the said Lynde. and Guy here bring into Court, the date of which is the same day and year last aforesaid; the said Lynde and Guy Catlin did demise, lease,…
1Opinion of the Court
The opinion of the Court was delivered by
Royce, J.
The sole question submitted in this case is, whether a joint action can be supported for the non-payment of both or either of the rents mentioned in the covenant of the defendants, or, whether the plaintiffs should not have separately sued for the sums to be paid to them respectively ? The property out of which the rent was to issue was leased to the defendants in part by the plaintiffs jointly, and in part by Guy Catlin alone. Whether the respective interests of the plaintiffs in the estate demised, were in the same relative proportion to…
2Cited by2 opinions
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