Brinsmaid v. Mayo
Supreme Court of Vermont
This was an action of account, wherein the plaintiff declares in two counts. First, Claiming an account of the defendant of certain lands, which he occupied during the life time of the intestate, as tenant in common w'ith him ; ant?,. Second, For having occupied the same lands since the decease of Collard.
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This was an action of account, wherein the plaintiff declares in two counts. First, Claiming an account of the defendant of certain lands, which he occupied during the life time of the intestate, as tenant in common w'ith him ; ant?,. Second, For having occupied the same lands since the decease of Collard. Neither count in the declaration alleges that Collard was seized of one moiety, or of any other portion of the estate, but only that defendant was seized, as tenant in common with plaintiff, of one moiety,and was in one instance bailiff of Collard, and in the other of Brinsmaid and bound to…
1Opinion of the CourtRedfield, J.
delivered the opinion.of the Court.
The pleadings, as presented to the Court, do not seem to have been settled, with much of that technical precision, which emphatically denominates special pleading to be the science, the language, and the essence of the law. And, indeed, such precision, however desirable, could hardly be expected, in the hurry *34and confusion of a nisi prius term. But as it was the desire 0f the parties, that the Court should pass upon the questions discussed at tlie bar, we have done it, without much regard to the inartificial manner, in which they are hinted at upon the…
2Cases cited1 opinion
- Wiswell v. WilkinsSupreme Court of Vermont · 1832
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- Cearnes v. IrvingSupreme Court of Vermont · 1859
- Burke v. ScharfNorth Dakota Supreme Court · 1909
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