Spaulding v. Warner
Supreme Court of Vermont
Bill in Chancery. Heal’d on the pleadings and a special master’s .report, March Term, 1887, Veazey, Chancellor. Decree that the orator recover $195.80, it being for the value of one undivided half of the hotel furniture at the time it was purchased by the orator, and for the use of the same at the rate of $50 per year, and interest. The case appears in the opinion. A sale will not be ordered if the property can be divided.
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Bill in Chancery. Heal’d on the pleadings and a special master’s .report, March Term, 1887, Veazey, Chancellor. Decree that the orator recover $195.80, it being for the value of one undivided half of the hotel furniture at the time it was purchased by the orator, and for the use of the same at the rate of $50 per year, and interest. The case appears in the opinion. A sale will not be ordered if the property can be divided. Marshall v. Oroto’s Adm’r, 29 Ala. 278; Orapster v. Griffith, 2 Bland, 5 ; Tenney v. Stebbins, 28 Barb. 290; Rerleystal v. Oiay, 4 Bibb, 241. Formerly equity would not…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The parties are tenants in common of a lot of furniture situate in the Summit House at Boxbury, and the bill is brought to procure a division of it, or for a decree that *648the defendant pay the orator for his half and the nse of the same and for that part that has been lost- and destroyed by the defendant ; and for general relief.
It is found by the master that on May 19th, 1874, James P. Warner owned the Summit House and the furniture therein and that on that day he sold the same to Lucie Wilson, and in part payment for it took her and her…
2Cases cited1 opinion
- Probate Court v. GaleSupreme Court of Vermont · 1874
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