Legal Opinion

Buck v. Pickwell

Supreme Court of Vermont

Decided January 15, 1854PublishedCited by 18 opinions

Sale of growing trees. Statute of frauds. Contracts executed and executory. Trespass for cutting down growing trees of the plaintiff, &c. plea the general issue; trial by the court, December Term¿ 1852,— Peck, J., presiding.

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Sale of growing trees. Statute of frauds. Contracts executed and executory. Trespass for cutting down growing trees of the plaintiff, &c. plea the general issue; trial by the court, December Term¿ 1852,— Peck, J., presiding. The plaintiff proved by parol testimony, in connection with the reservations in the deeds hereinafter mentioned, that in the year 1830 or 1831, one Ozias Story, who was then the owner of a part of lot No. 48 in Fairfax, sold to the plaintiff for the sum of $16.00, which the plaintiff paid to him, all the timber on a particular part of said lot which was supposed to…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in September, by

Bennett, J.

The important question presented by this bill of exceptions is, whether an agreement for the sale of growing trees, with a right to the vendee to enter upon the land at such future time, to cut and take them off, as might be his pleasure, is a contract for the sale of an interest in land.

The action is trespass for cutting and carrying away the trees, and the plaintiff claims title to them by reason of a parol contract of purchase, made with Ozias Story, while he was the owner of the premises; and the…

2Cases cited5 opinions

  1. Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
  3. In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
  4. Yale v. SeelySupreme Court of Vermont · 1843
  5. Hibbard v. WhitneySupreme Court of Vermont · 1841

3Cited by18 opinions

  1. Owens v. LewisIndiana Supreme Court · 1874
  2. Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
  3. Sterling v. BaldwinSupreme Court of Vermont · 1869
  4. Wagniere v. DunnellSupreme Court of Rhode Island · 1909
  5. Cady v. SanfordSupreme Court of Vermont · 1881

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