Willey v. Laraway
Supreme Court of Vermont
Trespass for cutting and carrying away the trees of the plaintiff. Heard upon the report of referees at the April term, 1892, Eoss, Oh. J., presiding. Judgment on the report for the larger sum. Thé defendant excepts. The case appears in the opinion. The plaintiff cannot recover for an injury to the reversion. 2 Wat. Tres., 398, ss. 950, 953 ; Wood v. Griffin, 46 N. H. 230. The judgment would not be a bar to an action by the reversioner. 2 Wat.
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Trespass for cutting and carrying away the trees of the plaintiff. Heard upon the report of referees at the April term, 1892, Eoss, Oh. J., presiding. Judgment on the report for the larger sum. Thé defendant excepts. The case appears in the opinion. The plaintiff cannot recover for an injury to the reversion. 2 Wat. Tres., 398, ss. 950, 953 ; Wood v. Griffin, 46 N. H. 230. The judgment would not be a bar to an action by the reversioner. 2 Wat. Tres., s. 951; 4 Kent, 78 ; Dicey Parties, 340, 329 to 343, marginal paging; 1 Addison Torts, s. 369.
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
The referee submitted the question of the plaintiff’s right to recover to the determination of 1he court below, therefore exceptions to the report by the defendant were unnecessary. White et al. v. White, Ex'r., 21 Vt. 250.
The first question to be determined is whether the plaintiff, holding a dower estate in the lands in question, can maintain .this action for an injury to the reversion. The writ and declaration have not been furnished us, but counsel in argument have treated the action as brought upon sec. 4206, R. L., to recover treble…
2Cases cited7 opinions
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- Montgomery v. EdwardsSupreme Court of Vermont · 1872
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