Sheldon v. Davey
Supreme Court of Vermont
Bill in Chancery. The bill set forth that the orator was the owner -of a valuable slate quarry, situated in Eairhaven, in the county of Rutland; that on the 24th day of February, 1859, he leased a certain portion'thereof to the defendant Jones,- by lease in writing, thereby giving said Jones the right to quarry and manufacture slate therefrom at a certain price per square, the orator agreeing to haul said slate to the railroad depot and reserving a lien thereon to secure the…
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Bill in Chancery. The bill set forth that the orator was the owner -of a valuable slate quarry, situated in Eairhaven, in the county of Rutland; that on the 24th day of February, 1859, he leased a certain portion'thereof to the defendant Jones,- by lease in writing, thereby giving said Jones the right to quarry and manufacture slate therefrom at a certain price per square, the orator agreeing to haul said slate to the railroad depot and reserving a lien thereon to secure the payment of the stipulated price, for the term from said date to September 1,1868; that said Jones entered into…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This is a bill in chancery to restrain the defendants from further quarrying slate upon the quarry in dispute; from selling the slate manufactured therefrom, and for an account. The principal question is, whether the interest acquired by the defendant Jones in the premises, by his entry upon and occupation *640of the quarry outside of the written lease, has expanded into a tenancy from year to year. It is insisted by the defendants that there is such an implied tenancy, arising from the manner of the. entry upon and occupation of the premises by…
2Cited by2 opinions
- Amsden v. FloydSupreme Court of Vermont · 1888
- Birchwood Land Dev. Corp. v. Ormond Bushey & Sons, Inc.Vermont Superior Court · 2011