Cilley v. Bacon
Supreme Court of Vermont
Trespass.for treble damages for cutting and removing trees. Plea, the general issue with notice. Trial by jury at the June Term, 1913, Orange County, Waterman, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the ease. "When, as here, a written instrument is equivocal, parol evidence of intention and understanding is admissible.
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Trespass.for treble damages for cutting and removing trees. Plea, the general issue with notice. Trial by jury at the June Term, 1913, Orange County, Waterman, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the ease. "When, as here, a written instrument is equivocal, parol evidence of intention and understanding is admissible. Andreivs v. Robertson, 54 L. E. A. 673; Moayon v. Moayon, 60 L. E. A. 415; Ferguson v. Bafferti, 6 L. E. A. 33; 17 Cyc. 675-682; 220th Cent. Digest, para. 2066, 2082 and 2084; Hull v. Fuller, 7 Vt. 100; Noyes & Go. v.…
1Opinion of the CourtTaylor, J.
This is an action of trespass for cutting and carrying away certain trees claimed by the plaintiff. The case was tried by jury with verdict and judgment for the defendants. The land in question, a farm, was formerly owned by one George Lackey and was conveyed to the plaintiff by said Lackey and his wife April 25, 1912. The deed thereof contained the following exception, or reservation as it has been termed: “There is reserved on the ridge or hill all of the spruce, hemlock and white birch trees growing for timber or lumber and said grantors have the next three years to cut and remove the…
2Cases cited14 opinions
- Fletcher v. PhelpsSupreme Court of Vermont · 1856
- Lathrop v. LevarnSupreme Court of Vermont · 1909
- Hart v. HammettSupreme Court of Vermont · 1846
- Spencer v. Potter's EstateSupreme Court of Vermont · 1911
- White & Hammond v. AmsdenSupreme Court of Vermont · 1893
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3Cited by2 opinions
- Murray v. NelsonSupreme Court of Vermont · 1923
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