Fairbanks v. Stowe
Supreme Court of Vermont
Trespass quare clausum for cutting trees. Plea, the general issue. Trial by jury at the April Term, 1909, Windham County, Butler, J., presiding. Verdict directed for the plaintiff for nominal damages, and judgment thereon.
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Trespass quare clausum for cutting trees. Plea, the general issue. Trial by jury at the April Term, 1909, Windham County, Butler, J., presiding. Verdict directed for the plaintiff for nominal damages, and judgment thereon. On October 2, 1905, the defendant, then being the owner in fee of the farm of which the locus is a part, by his writing of that date, called in the case a contract or lease, duly signed, sealed, witnessed by two witnesses, and acknowledged, in consideration of five hundred dollars paid to him by Darling, Clark, and Hubbard, sold and conveyed to them ‘ ‘ all the growing…
1Opinion of the CourtRowell, C. J.
The sale and conveyance of the trees to Darling, Clark, and Hubbard by the defendant, evidenced by his deed to them of October 2, 1905, worked in law a severance thereof from the freehold, converted them into personal property, and vested the title thereto in the grantees as such property, for that was manifestly the intention of the parties. Therefore the grantees could sell and convey them orally or otherwise, the same as they could any other personal property, and the defendant could acquire title thereto as he offered to show he did, and that title would authorize him to go upon the land…
2Cases cited3 opinions
- Sterling v. BaldwinSupreme Court of Vermont · 1869
- Hill v. MoreySupreme Court of Vermont · 1854
- Sawyer v. NewlandSupreme Court of Vermont · 1837
3Cited by19 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Wood v. JamesSupreme Court of Vermont · 1918
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
- France v. Deep River Logging Co.Washington Supreme Court · 1914
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