Frost v. Kellogg
Supreme Court of Vermont
Trover for eighty nine fleeces of wool. Plea, the general issue, and trial by jury, April Term, 1850, — Hall, J., presiding.
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Trover for eighty nine fleeces of wool. Plea, the general issue, and trial by jury, April Term, 1850, — Hall, J., presiding. On trial the plaintiff gave in evidence a receipt, executed by the defendant, dated July 21, 1848, which was in these words: — “Received of Rufus Frost one third part of the wool that grew on the sheep that are on the place where the widow Pike now lives, (being in the whole about 267 fleeces,) attached on a writ of attachment in favor of Orrin W. Phillips v. Horace H. Hurlburt, declaring in damages $80,00, and signed by John G. Newell, justice of the peace, which wool…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
We are inclined to believe, that there is nothing in the present case to distinguish it from the ordinary case of letting a farm, by the owner, to one who performs the labor and receives a share of the products of the farm and the stock. And in such cases, the general result of such a contract is, to make the landlord and tenant joint owners of the increment, or tenants in common. I use the terms landlord and tenant, as most convenient to express the relation, — being aware, that the case of a strict tenancy does not perhaps arise.
In this…
2Cases cited7 opinions
- Aiken v. SmithSupreme Court of Vermont · 1849
- Paris v. VailSupreme Court of Vermont · 1846
- Brainard v. BurtonSupreme Court of Vermont · 1833
- Manwell v. Estate of ManwellSupreme Court of Vermont · 1842
- Hill v. WhitneySupreme Court of Vermont · 1844
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3Cited by11 opinions
- Mead v. OwenSupreme Court of Vermont · 1907
- Sanford v. PondSupreme Court of Connecticut · 1871
- Mott v. BourgeoisSupreme Court of Vermont · 1938
- Willard v. WingSupreme Court of Vermont · 1897
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