Wiswell v. Wilkins
Supreme Court of Vermont
This was an action of account, wherein the plaintiff sought to recover of the defendant a portion of the rents and profits of certain lands in St. Albans, from March, 1818, to October, 1827. The defendant pleaded, that he never was bailiff and receiver '; on which plea issue was joined to the country.
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This was an action of account, wherein the plaintiff sought to recover of the defendant a portion of the rents and profits of certain lands in St. Albans, from March, 1818, to October, 1827. The defendant pleaded, that he never was bailiff and receiver '; on which plea issue was joined to the country. On the trial in the county court it appeared in evidence, that the plaintiff was the ■owner of an undivided half of the premises; and that Tappan and Sewell formerly owned the-other half; that the defendant was in possession under Tappan and Sewell when they conveyed then-interest therein to N.…
1Opinion of the Court
By the Court.
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This case is virtually decided by one decided last week at Burlington. As it respects the point litigated, there is no difference between this case and' the action of account between partners, where more than two persons are concerned in the division ol the net avails. Here, according to the facts in the case, accounts of the rents and profits and expenditures must be taken ; and the plaintiff is entitled to one half of the net avails, and the defendant to one fourth part, and Mr. Kingman to the residue. Now it is evident, that a division between Wisioell and Wilkins, while…
2Cited by8 opinions
- Autrey v. FriezeSupreme Court of Alabama · 1877
- Brinsmaid v. MayoSupreme Court of Vermont · 1837
- Boyd v. WalkerDistrict Court of Appeal of Florida · 1971
- Bradbury v. J. C. ParkSupreme Court of Vermont · 1855
- Foster v. IvesSupreme Court of Vermont · 1881
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