Hayden v. Merrill
Supreme Court of Vermont
Action of account. The court at the June term, 1871, Pier-point, Ch. J., presiding, rendered judgment, pro forma, for the plaintiff, upon the auditor’s report, overruling the defendant’s exceptions thereto. To which decision the defendant excepted. “ The defendant, residing in Colchester, in the county ■ of Chit-tenden, in the year 1850, was the owner and keeper of a hotel in said Colchester.
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Action of account. The court at the June term, 1871, Pier-point, Ch. J., presiding, rendered judgment, pro forma, for the plaintiff, upon the auditor’s report, overruling the defendant’s exceptions thereto. To which decision the defendant excepted. “ The defendant, residing in Colchester, in the county ■ of Chit-tenden, in the year 1850, was the owner and keeper of a hotel in said Colchester. The defendant was solicitous to purchase a 100 acre tract of land which lay near his public house, and was owned by Underhill and Ferris, residing in New York. Tlje .defendant applied to Mrs. Sarah P.…
1Opinion of the Court
The opinion of the court was delivered by
Pece, J.
The defendant’s counsel insists that upon the facts reported the defendant is not liable to account to the plaintiff for the use of the land, nor for any part of the wood taken from it *340by the defendant. The lot of land in question, at the time the parties purchased it, the report shows, was covered with small second-growth pitch pine; and that according to the understanding between the parties at the time of the purchase, the defendant cleared a portion of the lot, and converted it into a race-course, for training, driving and trotting horses;…
2Cases cited3 opinions
- Terrill v. JenningsCourt of Appeals of Kentucky · 1858
- Duval v. TraskMassachusetts Supreme Judicial Court · 1815
- Wiswall v. WilkinsSupreme Court of Vermont · 1831
3Cited by13 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Carver v. CoffmanIndiana Supreme Court · 1887
- Bird v. BirdSupreme Court of Florida · 1875
- Kean v. ConnellySupreme Court of Minnesota · 1878
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