Legal Opinion

Whitcher v. Morey

Supreme Court of Vermont

Decided March 15, 1867PublishedCited by 5 opinions

This was an action of trover for a quantity of hemlock bark; about thirty.seven or thirty-eight cords. Plea, the general issue, and trial by jury at the June Term, 1866, Peck, J., presiding.

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This was an action of trover for a quantity of hemlock bark; about thirty.seven or thirty-eight cords. Plea, the general issue, and trial by jury at the June Term, 1866, Peck, J., presiding. The plaintiff gave evidence tending to prove that in the spring of 1855, one Benjamin Comings, who was engaged in sending hemlock hark and coal to market, made a verbal contract with the defendant for a lot of timber land in the town of' Fairlee ; that the deed for the lot of land at the time of making the contract was not made, and delivered by the defendant; that the contract was, that the said Comings…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

I. The defendant, among other things, detailed in the exceptions, claimed that the hemlock bark, in dispute, was his property, because produced by his land. The plaintiff does not question the defendant’s legal title to the lot of land, from which the hark was cut, but insists that Benjamin Comings, who sold the bark to the plaintiff, had a right to peel and appropriate bark from the trees on this land, because Comings and the defendant had verbally agreed upon and bargained for the sale and conveyance of the lot, from the defendant to…

2Cases cited2 opinions

  1. Cornell v. GreenSupreme Court of Pennsylvania · 1823
  2. Marsh v. JonesSupreme Court of Vermont · 1849

3Cited by5 opinions

  1. Earl v. TupperSupreme Court of Vermont · 1873
  2. Johnson v. PowersSupreme Court of Vermont · 1868
  3. Bedell v. TracySupreme Court of Vermont · 1892
  4. Brockman v. Di GiacomoSupreme Court of Colorado · 1925
  5. Hilliard v. DeanSupreme Court of Vermont · 1891

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