Langdon v. Paul
Supreme Court of Vermont
In this case the plaintiff declared against the defendant in a plea of the case, “ For that the defendant, before and at the time of the commit- “ ting of the grievance hereinafter next mentioned, held and enjoyed, “ as tenant thereof to the plaintiff, and by the sufferance and per- “ mission of the plaintiff, a certain farm or tract of land, with the “ appurtenances, situate in said Rutland, bounded on the north by “ land of Edgar L. Ormsbee, on the west by Otter Creek, on…
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In this case the plaintiff declared against the defendant in a plea of the case, “ For that the defendant, before and at the time of the commit- “ ting of the grievance hereinafter next mentioned, held and enjoyed, “ as tenant thereof to the plaintiff, and by the sufferance and per- “ mission of the plaintiff, a certain farm or tract of land, with the “ appurtenances, situate in said Rutland, bounded on the north by “ land of Edgar L. Ormsbee, on the west by Otter Creek, on the “ south by land of Leverett Chatterton, and on the east by land of “ Demon Gorham, containing one hundred acres,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The question to be determined in the present case is, whether the mortgagee, after condition broken, and before foreclosure, can maintain either an action on the case, in the nature of waste, against the mortgagor in possession, for cutting timber and selling it, or trover for the timber.
First and last I have entertained a good deal of doubt upon this point; but none of the court have ever had any difficulty upon any other point in the case. Upon this point, if the case were entirely new, perhaps a majority of the judges would incline…
2Cases cited2 opinions
- Lull v. MatthewsSupreme Court of Vermont · 1847
- Morey v. McGuireSupreme Court of Vermont · 1832
3Cited by10 opinions
- Owens v. LewisIndiana Supreme Court · 1874
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
- Anderson v. HaplerIllinois Supreme Court · 1864
- Hagar v. BrainerdSupreme Court of Vermont · 1872
- Houle v. GuilbeaultSupreme Court of Rhode Island · 1944
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