Legal Opinion

Town of Lemington v. Stevens

Supreme Court of Vermont

Decided August 15, 1875PublishedCited by 6 opinions

General Assumpsit. Plea, the general issue, and trial by jury, September Term, 1874, Redfield, J., presiding. Plaintiff called defendant as a witness, who testified that in the winter of 1872-3, he cut about 420 thousand feet of spruce timber from lot No. 48 in the second division in Lemington, known as the minister lot, and drawn to the right of-the first settled minister in said town; that he hauled said timber to Connecticut River, and then sold and delivered it to the…

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General Assumpsit. Plea, the general issue, and trial by jury, September Term, 1874, Redfield, J., presiding. Plaintiff called defendant as a witness, who testified that in the winter of 1872-3, he cut about 420 thousand feet of spruce timber from lot No. 48 in the second division in Lemington, known as the minister lot, and drawn to the right of-the first settled minister in said town; that he hauled said timber to Connecticut River, and then sold and delivered it to the Mclndoes Lumber Company at seven dollars per thousand ; that it cost him about $4.50 per thousand to cut, haul, and…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This is an action in assumpsit in the general counts. The plaintiff seeks to recover the stumpage value of tim*41ber cut and drawn from lot No. 48 in said town, drawn to the right of the first settled minister. The selectmen of towns, by statute, have the right to lease such lands for five years, or until a minister shall be settled. Gen. Sts. c. 27, s. 8. Two of the selectmen of said town executed a lease of this lot, including sot-. eral other lots sequestered to other uses (upon which the statute imposes no restraint or limit as to time),…

2Cited by6 opinions

  1. University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
  2. Vermont Accident Insurance v. FletcherSupreme Court of Vermont · 1914
  3. Holton v. HassamSupreme Court of Vermont · 1920
  4. Allen v. GatesSupreme Court of Vermont · 1900
  5. New Hampshire Land Co. v. TiltonUnited States Circuit Court · 1884

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