Tubbs v. Richardson
Supreme Court of Vermont
This was an action of trover for a quantity of wool. Plea not guilty. The plaintiff produced evidence tending to prove that one Nathaniel Bosworth, for a period ending March, 1833, was tenant to the defendant, carrying on a farm stocked by him in Northfield. That among that stock were thirty-two sheep.
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This was an action of trover for a quantity of wool. Plea not guilty. The plaintiff produced evidence tending to prove that one Nathaniel Bosworth, for a period ending March, 1833, was tenant to the defendant, carrying on a farm stocked by him in Northfield. That among that stock were thirty-two sheep. In February, 1833, Bosworth and defendant having some difficulty in relation to sheep and other stock, settled it by agreeing that the growth and increase of the stock on the farm should be equally divided between them, each to own one half of the wool on the old stock of sheep, and defendant…
1Opinion of the Court
The opinion of the court was pronounced by
Mattocks, J.
— From the exceptions in the case two questions arise. 1st, Whether the wool sued for was the property of the plaintiff? If it was, has there been a conversion by the defendant ? We will consider the second question, first assuming that Bosworth owned one half of the unsheared wool, and sold it to the plaintiff. Then the plaintiff and defendant were tenants in common of the whole, before and after it was clipped.
Then were the acts done by the defendant, to wit, shearing the whole, selling 28 out of 68 lbs., carrying the balance to his own…
2Cases cited1 opinion
- De Fonclear v. ShottenkirkNew York Supreme Court · 1808
3Cited by6 opinions
- Trammell v. McDadeTexas Supreme Court · 1867
- Hurd v. DarlingSupreme Court of Vermont · 1844
- Gassett v. SargeantSupreme Court of Vermont · 1854
- Wright v. CarpenterSupreme Court of Vermont · 1941
- Bates v. MarshSupreme Court of Vermont · 1860
1 more not listed; retrieve them via the Exa API.