Tudor v. Tudor
Supreme Court of Vermont
Trespass for cutting timber. Plea, tbe general issue. Trial by court at the September Term, 1903, Windham County, Start, J., presiding. Judgment, pro forma, for the defendant. The plaintiff excepted only to the judgment. The opinion fully states the case. The power of the executors to sell was devised to them independently of their functions as executors, and a purchaser may deal with them as he would with any other vendor.
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Trespass for cutting timber. Plea, tbe general issue. Trial by court at the September Term, 1903, Windham County, Start, J., presiding. Judgment, pro forma, for the defendant. The plaintiff excepted only to the judgment. The opinion fully states the case. The power of the executors to sell was devised to them independently of their functions as executors, and a purchaser may deal with them as he would with any other vendor. In Be Pearson, 98 Cal. 603; Hartwell v. Foster, 102 Ga. 38. By the terms of the statute, Underwood' got no title as against Eaton, and having no title, could convey none…
1Opinion of the CourtWatson, J.
The action is trespass quare clausum fregit for cutting timber on Lot No. 1, in the 9th range of lands in the town of Stratton.
Both parties claim title from Richard Perry, who conveyed the lot to Henry Z. Payne, March 1, 1865, by deed recorded. Payne conveyed to William W. Underwood by warranty deed dated July 21, 1866, and recorded. Underwood conveyed to Lucius Smith by warranty deed dated May 15, 1867, and recorded the 8th day of January following. Smith *222conveyed to Samuel Bassett and Lot Bassett by warranty deed dated March 20, 1873, recorded July 9, of the same year.
At the September term…
2Cases cited15 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Anderson v. RobertsNew York Supreme Court · 1820
- Bradish v. GibbsNew York Court of Chancery · 1818
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3Cited by13 opinions
- Kipper v. VokolekMissouri Court of Appeals · 1977
- Becker v. BeckerSupreme Court of Vermont · 1980
- Jones v. WilliamsSupreme Court of Vermont · 1920
- Newman v. GarfieldSupreme Court of Vermont · 1918
- Bourgeois v. Risley Real Estate Co.New Jersey Court of Chancery · 1913
8 more not listed; retrieve them via the Exa API.