Chandler v. Ricker
Supreme Court of Vermont
Appeal from the Court of Chancery. The bill alleged, that on January 1, 1865, the orator was owner in fee of one, and the defendant of two, undivided thirds of a lot of land known as lot No. 180 of the second division of lots in the town of Groton ; that the orator and the defendant, being thus tenants in common of said land, were in equity bound to commit no waste ; but that the defendant, not regarding his duty in that behalf, cut and carried away a great'number of logs…
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Appeal from the Court of Chancery. The bill alleged, that on January 1, 1865, the orator was owner in fee of one, and the defendant of two, undivided thirds of a lot of land known as lot No. 180 of the second division of lots in the town of Groton ; that the orator and the defendant, being thus tenants in common of said land, were in equity bound to commit no waste ; but that the defendant, not regarding his duty in that behalf, cut and carried away a great'number of logs and a great quantity of lumber, bark, &c.; that although it was his duty to account for one third of the same, yet he had…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The orator claims in this bill, that he is the owner of one third, and the defendant of two thirds, of lot No. *130180, of the 2d division of lots in the town of Groton ; and seeks partition, and an account of rents and profits.
The orator purchased the whole lot at a vendue sale, and touk a deed of the same from John Tacey, the collector, Juné 13, 1834. And the orator proves by parol evidence, that he purchased said land with the joint funds of himself and his two brothers, Samuel A. and Geo. B. Chandler ; and that he took and held…
2Cases cited2 opinions
- Leach v. BeattieSupreme Court of Vermont · 1860
- Buckmaster v. NeedhamSupreme Court of Vermont · 1850
3Cited by5 opinions
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