Stone v. Stone
Supreme Court of Vermont
Assumpsit, heard on the report of a referee at the December term, 1869, Steele, J., presiding. Judgment for the plaintiff, on the report, for ninety-two dollars and eighty-five cents. Exceptions by defendant.
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Assumpsit, heard on the report of a referee at the December term, 1869, Steele, J., presiding. Judgment for the plaintiff, on the report, for ninety-two dollars and eighty-five cents. Exceptions by defendant. The referee reported as follows: I find in the month of November A. D., 1864, the defendant was the owner of a farm situated in the town of St. Johnsbury, which was considerably encumbered by mortgages ; that he also owned a stock of cattle and some farming tools, all of which were in the defendant’s possession on the said farm. That the plaintiff came from the West, in the month of…
1Opinion of the Court
*182The opinion of the court was delivered by
Barrett, J.
The defense to this action is put on the ground that the parties were tenants in common during the time the plaintiff was performing and doing what he claims to recover for. Clearly this cannot be maintained. The plaintiff acquired no title to the farm by the parol agreement under which he went to work upon it. A deed from his failer, the defendant, conformably to said pai'ol agreement, was necessary in order to create such a tenancy between them. If the defendant had deeded as he agreed to, the occasion and cause of the present suit would'…
2Cases cited1 opinion
- Graham v. Estate of ChandlerSupreme Court of Vermont · 1866
3Cited by4 opinions
- Davis v. StreeterSupreme Court of Vermont · 1903
- Cincinnati, S. & C. R. Co. v. BensleyCourt of Appeals for the Sixth Circuit · 1892
- Reynolds v. ReynoldsSupreme Court of Vermont · 1902
- Shane ex rel. Armstrong v. SmithSupreme Court of Kansas · 1887