Hudson v. Clark

This is an action by the owners of a certain Johnson lot against the defendant for treble damages under IB V.S.A. § 3606 for the unlawful cutting of timber on that lot. The defense was based on the existence of an unrecorded timber cutting agreement relating to that lot that had not expired at the time of the sale of the lot and the subsequent cutting. The defendant claimed that the plaintiffs purchased the lot with notice of his right to complete his cutting agreement. The trial court made findings and issued a judgment holding defendant liable in only single damages, and enjoining further…