Gray v. Stevens
Supreme Court of Vermont
Trespass for taking a quantity of hay and straw. Plea, the general issue; trial by jury, March Term, 1855, — Poland, J., presiding. The plaintiff’s evidence tended to prove that in April, 1852, he leased his farm to the defendant Stevens until the first day of April, 1858, for which Stevens was to pay $140, rent.
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Trespass for taking a quantity of hay and straw. Plea, the general issue; trial by jury, March Term, 1855, — Poland, J., presiding. The plaintiff’s evidence tended to prove that in April, 1852, he leased his farm to the defendant Stevens until the first day of April, 1858, for which Stevens was to pay $140, rent. The plaintiff was to put on and did put on to said farm six cows; and all the hay and straw raised on the farm was to be foddered out thereon, and was all to be and remain the property of the plaintiff until the end of the term, and until all the conditions of the contract were…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The leading question in this case, i. e. whether the action of trespass will lie, seems to us expressly decided in the late cases of Briggs v. Oaks, same v. Bostwick, 26 Vt. 138 and same v. Bennett 26 Vt. 146. These cases were extensively discussed at the bar; and the opinions contain all the argument which I could now offer, and which it is not important to repeat here. The case of Farrant v. Thompson, 5 Barn. & Ald. 826, had been adopted by this court in Swift, v. Mosely 10 Vt. 208, where it was decided, that if the. tenant of…
2Cases cited4 opinions
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Swift v. MoseleySupreme Court of Vermont · 1838
- Briggs v. OaksSupreme Court of Vermont · 1853
- Briggs v. BennettSupreme Court of Vermont · 1853
3Cited by10 opinions
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Bellows v. WellsSupreme Court of Vermont · 1864
- University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
- Cooper v. ColeSupreme Court of Vermont · 1865
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