Fuller v. Knapp
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings and findings of fact made by the chancellor, at the April Term, 1907, Windham County, Taylor, Chancellor. Decree dismissing the bill with costs to the defendant. The orator appealed.
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Appeal in Chancery. Heard on the pleadings and findings of fact made by the chancellor, at the April Term, 1907, Windham County, Taylor, Chancellor. Decree dismissing the bill with costs to the defendant. The orator appealed. The bill alleges that, while the orators owned certain land, the orator; Ephraim Fuller, by deed duly recorded conveyed to one Ashford “all the saw timber standing and growing” thereon; that subsequently the orators sold the land to defendant, who had read the deed to Ashford, “reserving all the lumber, timber, and wood standing” thereon, with the privilege of placing a…
1Opinion of the CourtWatson, J.
In the findings of fact, the chancellor says he is unable to find with the degree of certainty required by law that the orators reserved the tree tops in their trade with the defendant, or that they intended to have any reservation concerning the wood which they were to cut therefrom expressed in the deed to the defendant, and he is more inclined to think that they were content to let the understanding as to their right to get wood from the tree tops rest in parol. No admissions are made in defendant’s answer • requiring a different conclusion of fact.
The case presented does not entitle the…
2Cases cited6 opinions
- Shattuck v. GaySupreme Court of Vermont · 1872
- Barry v. HarrisSupreme Court of Vermont · 1877
- Griswold v. SmithSupreme Court of Vermont · 1838
- Goodell v. FieldSupreme Court of Vermont · 1843
- Preston v. WhitcombSupreme Court of Vermont · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dunnett v. Shields and ConantSupreme Court of Vermont · 1924
- In Re the Estate of DelliganSupreme Court of Vermont · 1940
- Fairbanks v. HarveySupreme Court of Vermont · 1910
- Pennock Et Ux. v. Goodrich Et Ux.Supreme Court of Vermont · 1929