Clark v. Clark's Adm'r
Supreme Court of Vermont
Assumpsit for use and occupation. Heard on a referee’s report, June Term, 1885, Veazey, J., presiding. Judgment pro forma for the plaintiffs.
Read the full summary
Assumpsit for use and occupation. Heard on a referee’s report, June Term, 1885, Veazey, J., presiding. Judgment pro forma for the plaintiffs. The referee found that the plaintiffs, unmarried young ladies, are the children of L. P. Clark, who died July 12, 1882; that one Wilkins, who deceased in July, 1876, bequeathed the use of certain lands to the plaintiffs, another sister, and their mother, Frances Clark; that these lands consisted of two farms, on one of which the said Wilkins, at the time of his death, said L. P. Clark, his wife, and daughters, lived together as one family; that said…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
These are actions of assumpsit to recover for the use and occupation of real estate. The facts on which, in our judgment, the cases turn, are alike. It is, therefore, needless to allude to the questions presented by the facts in which they differ. It is well settled that to lay the foundation for a recovery in assumpsit for use and occupation of real estate, the relation of landlord and tenant must exist under a contract, expressed or implied. Stacy v. Vt. Cent. R. R. Co. 32 Vt. 551; Watson v. Brainard et al. 33 Vt. 88; Chamberlin v. Donahue,…
2Cases cited6 opinions
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
- Hough & Wood v. BirgeSupreme Court of Vermont · 1839
- Chamberlin v. DonahueSupreme Court of Vermont · 1871
- Strong v. GarfieldSupreme Court of Vermont · 1838
- Moore v. HarveySupreme Court of Vermont · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kellogg v. ShusherebaSupreme Court of Vermont · 2013
- Merritt v. MatchettMissouri Court of Appeals · 1909
- Kellogg v. ShusherebaSupreme Court of Vermont · 2013