Legal Opinion

Bellows v. Wells

Supreme Court of Vermont

Decided January 15, 1864PublishedCited by 20 opinions

Trover for a quantity of hay, straw, corn and oats. Plea, the general issue and trial by jury, September Term, 1863. Aldis, J., presiding.

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Trover for a quantity of hay, straw, corn and oats. Plea, the general issue and trial by jury, September Term, 1863. Aldis, J., presiding. On the trial it appeared that the plaintiff, on the 13th day of March, A. D. 1860, leased his farm in Fairfax to one Fayette A. Darwin, for the annual rent of $240., conditioned that the plaintiff should have the right to re-enter at the end of the year if the lessee failed to pay the rent; that on the 18th day of June, 1861, the rent for the previous year being unpaid, Darwin conveyed to the plaintiff, by an instrument executed with all the solemnities…

1Opinion of the Court

Poland, Ch. J.

We are disposed to place our decision of this case upon much narrower grounds than those upon which the case has been argued.

It has been repeatedly decided in this state, that the lessor of land may stipulate in the lease that the crops grown op the premises by the lessee shall remain the property of the lessor until the rent shall be paid, and that such provision is valid, not only between the parties, but as to third persons also, Smith v. Atkins, 18 Vt. 461; Briggs v. Oaks, 26 Vt. 138 ; Gray v. Stevers et al., 28 Vt. 1. The same principle is held in Lewis v. Lyman, 22 Pick,…

2Cases cited3 opinions

  1. Smith v. AtkinsSupreme Court of Vermont · 1846
  2. Briggs v. OaksSupreme Court of Vermont · 1853
  3. Gray v. StevensSupreme Court of Vermont · 1855

3Cited by20 opinions

  1. Low v. PewMassachusetts Supreme Judicial Court · 1871
  2. Whiting v. AdamsSupreme Court of Vermont · 1894
  3. Huling, Brockerhoff & Co. v. CabellWest Virginia Supreme Court · 1876
  4. Howell v. PughSupreme Court of Kansas · 1882
  5. Leavitt v. JonesSupreme Court of Vermont · 1882

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