Baxter v. Bush
Supreme Court of Vermont
Trover for a quantity of hay, grain and potatoes. Plea, the general issue. Trial by jury, June Term, 1856,— Underwood, J., presiding.
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Trover for a quantity of hay, grain and potatoes. Plea, the general issue. Trial by jury, June Term, 1856,— Underwood, J., presiding. The plaintiff introduced a lease of a farm, dated April 1,1853, and evidence to prove that the’defendant raised on said farm hay, oats and potatoes to the value of more than seventy dollars ; and that just prior to the commencement of this suit he demanded said produce of said farm ; and also evidence that the rent mentioned in the lease had not been paid; and it was conceded that the crops were worth more than the rent. The lease above referred to was as…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The property for which this action is brought is the produce of a farm leased by the plaintiff" to the defendant for the term of one year from and after the first of April, 1853. Its conversion by the defendant is not disputed. The questions arise, whether the plaintiff has that interest or title to the property itself, which will enable him to sustain the action of trover; and whether the infancy of the .defendant constitutes a defense. To sustain the action, the plaintiff must show a title to the property converted, either general or…
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