Kidder v. Rixford
Supreme Court of Vermont
Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported as follows : From Jan. 1, 1839, to Oct. 23, 1840, the parties were tenants in common of a tract of land and saw mill thereon in Highgate, — the defendant owning two thirds and the plaintiff one third thereof.
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Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported as follows : From Jan. 1, 1839, to Oct. 23, 1840, the parties were tenants in common of a tract of land and saw mill thereon in Highgate, — the defendant owning two thirds and the plaintiff one third thereof. On the 4th of January, 1840, the parties settled all matters relating to the use, rents, and profits of the saw mill, and it was then agreed that the defendant had received less than his share by the sum of $1,97. That sum the auditor allowed to the defendant. About the 28th of January,…
1Opinion of the Court
*171The opinion of the court was delivered by
Bennett J.
The auditor, upon the facts found by him, correctly allowed to the defendant the sum found due him on a previous settlement. The parties had occupied as tenants in common; and when they had settled, and a sum was found due from one to the other, it might well be charged, as an item in a new account, to be accounted for in a subsequent settlement, as i-n the case of the common book action.
As to item 22nd in the defendant’s account, it seems he, in the fall of 1840, and before a division of the property between the tenants, sowed about two…
2Cases cited1 opinion
- Mumford v. BrownNew York Supreme Court · 1826
3Cited by7 opinions
- Cooper v. BrownSupreme Court of Iowa · 1909
- Indra v. WigginsSupreme Court of Iowa · 1947
- Farrand v. GleasonSupreme Court of Vermont · 1884
- Pickering v. PickeringSupreme Court of New Hampshire · 1885
- Manhattan Co. v. WhiteMontana Supreme Court · 1914
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