Bishop v. Doty
Supreme Court of Vermont
ErkoR -brought to reverse) the .judgment of Addison Comity Court recovered by Doty against Bishop, Jun'e Term 1825. — • The original action was tresspass for taking and Carrying away seventy eight shocks of -wheat in the straw, brought by Doty against Bishop and alleging the tresspass to have been committed at Addison, Aug. 20,1824. The cause béing'tried upon the general issue pleaded and judgment rendered for the plaintiff, the defendant tendered the following exceptions…
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ErkoR -brought to reverse) the .judgment of Addison Comity Court recovered by Doty against Bishop, Jun'e Term 1825. — • The original action was tresspass for taking and Carrying away seventy eight shocks of -wheat in the straw, brought by Doty against Bishop and alleging the tresspass to have been committed at Addison, Aug. 20,1824. The cause béing'tried upon the general issue pleaded and judgment rendered for the plaintiff, the defendant tendered the following exceptions which were duly allowed- “In this cause after issue joined the plaintiff gave in evidence, in support of the issue on his…
1Opinion of the CourtRoyce, J.
We are satisfied, as well from the authorities consulted, as from ■ the reason and justice of the case, that Farmer was not to have and did not acquire, a sole and entire interest in the crop of wheat at any period. He could not derive such an interest from any estate in the soil, for he had none beyond the naked right of rais-*40jng this crop of wheat ; and it cannot be admit. ted, that a contract,like the present,for raising a single crop, operates as a lease of the land. Bishop and Farmer must be taken to have had a joint interest in the crop at the time of the attachment. — Cro. Eliz. 143.…
2Cited by10 opinions
- Morrill v. Mackman.Michigan Supreme Court · 1872
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Aiken v. SmithSupreme Court of Vermont · 1849
- Stedman v. GassettSupreme Court of Vermont · 1846
- Taylor v. BradleyNew York Court of Appeals · 1868
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