Sterling v. Baldwin
Supreme Court of Vermont
Trespass for breaking and entering the plaintiff’s close in Sharon, and cutting and taking away a quantity of hemlock trees. Plea, the general issue, and trial by jury, May term, 1868, Windsor county, Barrett, J., presiding.
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Trespass for breaking and entering the plaintiff’s close in Sharon, and cutting and taking away a quantity of hemlock trees. Plea, the general issue, and trial by jury, May term, 1868, Windsor county, Barrett, J., presiding. On the trial the plaintiff gave in evidence a deed from Calvin S. Adams to himself, dated June 30th, 1864, duly witnessed, acknowledged and recorded the same day, conveying to him the land in question, but containing a reservation in these words: “Reserving to myself all the hemlock timber standing northerly of a field of potatoes planted and occupied this season by…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
In the case of Buck v. Pichwell, 27 Vt., 157, the question in judgment was whether a verbal contract for the sale of growing trees, made in 1830 or 1831, including an agreement that the vendee might act his pleasure as to the time when he should take them off, for which trees the purchase price was paid •at the time of the trade, and which the vendee permitted to remain standing for twenty-one years, so vested the title and property in said trees in the vendee as to enable him to maintain an action of trespass for cutting them down, against…
2Cases cited3 opinions
- Buck v. PickwellSupreme Court of Vermont · 1854
- Hutchins v. GilchristSupreme Court of Vermont · 1850
- Fitch v. BurkSupreme Court of Vermont · 1866
3Cited by17 opinions
- Owens v. LewisIndiana Supreme Court · 1874
- Fairbanks v. StoweSupreme Court of Vermont · 1910
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
- Holton v. HassamSupreme Court of Vermont · 1920
- Ross v. DraperSupreme Court of Vermont · 1883
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