Howard & Shattuck v. Ransom
Supreme Court of Vermont
THE defendant was attached to answer unto the plaintiffs in a plea of the case, for that at Tovmshend, in the county of Windham, on the 17th day of January, A. D. 1826, tbe defendant became justly indebted to the plaintiffs in the sum of fifty dollars, for the use of certain pasture land of the plaintiffs, and the eatage of the grass thereon growing, by them the plaintiffs before tljat time let to the defendant, and at his special instance and request, and by the defendant,…
Read the full summary
THE defendant was attached to answer unto the plaintiffs in a plea of the case, for that at Tovmshend, in the county of Windham, on the 17th day of January, A. D. 1826, tbe defendant became justly indebted to the plaintiffs in the sum of fifty dollars, for the use of certain pasture land of the plaintiffs, and the eatage of the grass thereon growing, by them the plaintiffs before tljat time let to the defendant, and at his special instance and request, and by the defendant, according to such letting, had and used in and for the depasturing of certain sheep, for a long time before, then…
1Opinion of the Court
The case was argued by 'Bradley, for the plaintiffs, and Hunt, for the defendant.
Prentiss, J.
pronounced the following opinion of the Court*
It is not material in this case to inquire, whether an action of assumpsit for rent or the use of land, would lie at common law, or whether the action is alone given by the statute of 11 G. 2 c. 19. s. 14. It may be observed, however, since the subject was somewhat discussed in the argument, that at common law, a reservation of rent was regarded as a real contract, for which the only remedy was by distress or an action of debt; and, therefore, if a fixed…
2Cited by6 opinions
- Davidson v. ErnestSupreme Court of Alabama · 1845
- Beach v. HotchkissSupreme Court of Connecticut · 1818
- Keyes v. HillSupreme Court of Vermont · 1858
- Clough v. HortonSupreme Court of Vermont · 1869
- Jessup v. CookSupreme Court of New Jersey · 1798
1 more not listed; retrieve them via the Exa API.