Sanborn v. Morrill
Supreme Court of Vermont
This was an action of trover, in which the plaintiff claimed to recover the undivided half of four hundred pine mill logs. Plea, general issue, and trial by jury.
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This was an action of trover, in which the plaintiff claimed to recover the undivided half of four hundred pine mill logs. Plea, general issue, and trial by jury. On the trial the plaintiff offered to prove that he was tenant in common of the logs sued for, with one Isaac M. San-born ; that said Isaac M., by an instrument in writing, pledged his interest in the logs to the defendant, to secure a debt he owed him; that the defendant, without the knowledge or consent of the plaintiff, took the logs from where they were lying on the bank of a river, and floated them some miles to a saw-mill, and…
1Opinion of the Court
*704The opinion of the court was delivered by
Hebard J.
For the purpose of considering this question, the facts offered to be proved by the plaintiff, and excluded by the court, must be considered .as true. The defendant, then, stood in the same relationship to this property that ¡Isaac M. Sanborn did, so far as the plaintiff’s interest in the property comes in question. And the plaintiff and the defendant became tenants in common of the property ; for when Isaac M., transfered to the defendant his interest in the logs, the latter stood in the place of Isaac M.; and if he transcended the power and…
2Cases cited2 opinions
- Webb v. DanforthSupreme Court of Connecticut · 1804
- Welch v. ClarkSupreme Court of Vermont · 1839
3Cited by4 opinions
- Hurd v. DarlingSupreme Court of Vermont · 1844
- Gassett v. SargeantSupreme Court of Vermont · 1854
- Wright v. CarpenterSupreme Court of Vermont · 1941
- Goodrich v. ChappellSupreme Court of Vermont · 1916