Legal Opinion

Albee v. Fairbanks

Supreme Court of Vermont

Decided February 15, 1838PublishedCited by 7 opinions

This was an action of book account, commenced before a justice of the peace, and came to the county court by appeal. Judgment to account having been rendered, auditors were appointed, who reported a balance in favor of the plaintiff.

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This was an action of book account, commenced before a justice of the peace, and came to the county court by appeal. Judgment to account having been rendered, auditors were appointed, who reported a balance in favor of the plaintiff. It appeared from the report of the auditors, that in the spring of the year 1835, the defendant leased to the plaintiff a farm lying in Wardsboro, for one year, together with certain stock, which the defendant was to put upon the farm ; that the defendant was also to furnish certain other stock, and the said parties were to share equally in the produce of the…

1Opinion of the Court

The Opinion of the Court was delivered by

Redeield, J.

In this case many of the items, charged in the plaintiffs account and allowed by the auditors, are for property jointly owned by the plaintiff and defendant. They grew out of the plaintiffs “ letting defendant a farm on shares, or at the halves,” as it is called. The plaintiff furnished the stock, and the parties were to share equally in the produce^ of the farm and stock, including the growth of stock. The '¡ parties had a joint interest in the profits of the farm. It ap- f pears from the report of the auditors, that the defendant obtained…

2Cited by7 opinions

  1. Stedman v. GassettSupreme Court of Vermont · 1846
  2. Mott v. BourgeoisSupreme Court of Vermont · 1938
  3. Briggs v. BrewsterSupreme Court of Vermont · 1850
  4. Vaillancourt v. GoverSupreme Court of Vermont · 1941
  5. Gates v. LockwoodSupreme Court of Vermont · 1855

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