Adams v. Burton
Supreme Court of Vermont
Trespass and case. Plea, not guilty and notice. Trial by the Court, December term, 1869, Barrett, J., presiding. It appeared that early in August, 1868, the plaintiff tracked and found a swarm of bees in a tree growing on the land of Ira Burton in Norwich; and in a few days informed said Ira of the fact, and that he intended to cut down the tree and get the honey, —to which said Ira made no objection,—he supposing that the finder of a bee tree, on the land of another, had a…
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Trespass and case. Plea, not guilty and notice. Trial by the Court, December term, 1869, Barrett, J., presiding. It appeared that early in August, 1868, the plaintiff tracked and found a swarm of bees in a tree growing on the land of Ira Burton in Norwich; and in a few days informed said Ira of the fact, and that he intended to cut down the tree and get the honey, —to which said Ira made no objection,—he supposing that the finder of a bee tree, on the land of another, had a right to take the bees and the honey ; and he so said to the plaintiff. It did not appear whether he would have made…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, G. J.
It appears from the facts found by the county court, that in August, 1868, the plaintiff traced and found a swann of bees in a tree standing upon the land of one Ira Burton ; that soon after he informed said Ira of the fact, and told him he intended to cut down the tree and get the honey ; the said Ira made no objection to his doing so ; set up no claim to the bees or the honey, but told the plaintiff he supposed he had the right to cut the tree and take the honey. Whether this can be regarded strictly as a license or not, it was…
2Cited by3 opinions
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- State v. ReppSupreme Court of Iowa · 1898
- Fisher v. StewardSuperior Court of New Hampshire · 1804