Brown v. Burrington
Supreme Court of Vermont
Trustee Process. The principal defendant was defaulted, and Abishai Stoddard, Esq., was appointed commissioner to take the disclosure of the trustee. It appeared from the report of the commissioner that the principal defendant, Burrington, carried on the farm of • the supposed trustee, Lewis Collins, at the halves. The letting was in accordance with the usual custom of letting farms at the halves.
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Trustee Process. The principal defendant was defaulted, and Abishai Stoddard, Esq., was appointed commissioner to take the disclosure of the trustee. It appeared from the report of the commissioner that the principal defendant, Burrington, carried on the farm of • the supposed trustee, Lewis Collins, at the halves. The letting was in accordance with the usual custom of letting farms at the halves. The manner of dividing the products was not specified, except that each party was to find stock for .his share of the pasture, and for the consumption of the hay and other fodder raised upon the…
1Opinion of the CourtAldis, J.
Burrington took a farm of Collins at the halves. Collins was to put upon it a yoke of oxen to do the farm work.
1. Barrington used the oxen on the farm for the exclusive benefit of his landlord. While so in use the landlord claims, that Burrington should not bo entitled to half the value of their use, but that he (the landlord) should have their use for nothing. This claim does not appear to us to bo just. The tenant had to furnish half of their keeping, and to take care of them.- A3 there was no stipulation as to their use by the landlord, he could not require them to be used for his benefit.…
2Cases cited2 opinions
- Seargent v. SewardSupreme Court of Vermont · 1859
- Manchester v. ManchesterSupreme Court of Vermont · 1852
3Cited by4 opinions
- Beaulac v. RobieSupreme Court of Vermont · 1917
- Drouin v. WilsonSupreme Court of Vermont · 1907
- Gregory v. TomlinsonSupreme Court of Vermont · 1896
- Keenan v. PatnoSupreme Court of Vermont · 1934