Leland v. Sprague
Supreme Court of Vermont
Trover for two thousand bushels of potatoes. Flea, the general issue; trial by jury, December Term, 1855, — Poland, J., presiding.
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Trover for two thousand bushels of potatoes. Flea, the general issue; trial by jury, December Term, 1855, — Poland, J., presiding. The plaintiff introduced evidence tending to prove that in 1849, one Arad Hitchcock was the owner of a lot of land in Westfield, and contracted to sell the same to one Lewis Sawyer for two hundred dollars; Sawyer paid Hitchcock fifty dollars, and executed his notes for one hundred and fifty dollars, and Hitchcock gave Sawyer a bond to convey the lot to him upon payment of said notes. Sawyer went into possession of the lot, and cleared or partially cleared about…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The facts in this case show that as between Allen and the plaintiff the superior title to the land was in the plaintiff, and, as to this contract, Allen agreed, virtually, to raise the potatoes for the plaintiff, and that, from the first to the last, the title should be in the plaintiff. This contract was bona fide, and upon sufficient consideration; and the contract, under which the defendant claims title, was made with a full knowledge of the plaintiff’s contract with Allen. It is then resolved into a mere question whether, under the…
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