Legal Opinion

Aiken v. Smith

Supreme Court of Vermont

Decided February 15, 1849PublishedCited by 19 opinions

Account, in several counts, charging the defendant as bailiff, and bailiff and receiver, for the common benefit of the, plaintiffs and defendant, of a quantity-of oats, corn, hay, peas and wheat, in which it was alleged the plaintiffs and defendant had'an equal interest, as tenants in common.

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Account, in several counts, charging the defendant as bailiff, and bailiff and receiver, for the common benefit of the, plaintiffs and defendant, of a quantity-of oats, corn, hay, peas and wheat, in which it was alleged the plaintiffs and defendant had'an equal interest, as tenants in common. The defendant pleaded, that the plaintiffs did not, previous to the commencement of the suit, demand of the defendant, that he render his account for the time during which he was alleged to have been bailiff of the common property, — and that he was never bailiff, as alleged, — and that the plaintiffs…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This is an action of account at common law, and the important inquiry is,, were these parties tenants in common of *179the growing crops upon the farm let by Smith to Austin, until a severance had been effected 1 The operative part of the contract is, that Smith agrees to let to Austin the farm, commencing the first of April, 1842, and to continue from year to year for the space of five years, or so long as the parties shall agree and be satisfied, after the usual custom of farmers, that is, “the produce to be equally divided between them, in…

2Cases cited8 opinions

  1. Foote v. ColvinNew York Supreme Court · 1808
  2. Stewart v. DoughtyNew York Supreme Court · 1812
  3. Bradish v. SchenckNew York Supreme Court · 1811
  4. Caswell v. DistrichNew York Supreme Court · 1836
  5. Rich v. PenfieldNew York Supreme Court · 1828

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Fuhrman v. Interior Warehouse Co.Washington Supreme Court · 1911
  2. Strain v. GardnerWisconsin Supreme Court · 1884
  3. Porter v. Canyon County Farmers' Mutual Fire InsuranceIdaho Supreme Court · 1928
  4. Mead v. OwenSupreme Court of Vermont · 1907
  5. Woodsend v. ChatomCalifornia Supreme Court · 1923

14 more not listed; retrieve them via the Exa API.

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