Administrator of Pike v. Morey
Supreme Court of Vermont
Trover for a quantity of hemlock bark. Plea, the general issue and trial by jury, at the June Term, 1858, — Barrett, J. presiding.
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Trover for a quantity of hemlock bark. Plea, the general issue and trial by jury, at the June Term, 1858, — Barrett, J. presiding. On trial the plaintiff offered to prove that in May, 1855, Benjamin Comings made a verbal contract with the defendant for the purchase of a wood lot in Fairlee, to the effect that Comings was to pay three hundred and fifty dollars therefor, fifty dollars to be paid upon the receipt of a deed of the lot from the defendant, and the balance of the purchase money to be specified in two equal notes signed by Comings and payable in one and two years respectively from…
1Opinion of the CourtBennett, J.
The plaintiff, as the administrator of Pike, claims title to the bark in question under a levy and sale on execution against Benjamin Comings; and the question is, did the bark belong to the defendant, or was it the property of Benjamin Comings ?
*39It seems the defendant was the owner of a lot of land, and that he sold it to Comings by a verbal contract, and that Comings advanced for the nse of the defendant a part of the purchase money, and went into possession under an express agreement of the parties, and while in such possession, under the contract of purchase and by the consent of the…
2Cited by4 opinions
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- Cady v. SanfordSupreme Court of Vermont · 1881
- Holmes v. CadenSupreme Court of Vermont · 1884
- Griffith v. AbbottSupreme Court of Vermont · 1883