University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction: Vermont (state)
Effective Date: 1932-02-04
Original Source: https://www.courtlistener.com/opinion/4215928/university-of-vermont-state-agr... ↗

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But these objections are not available to the defendant who is a stranger to the title. He does not claim title to the timber under an assignment of the lease, but by virtue of the deed to him from the administrator of Peter Fontaine’s estate. Irrespective of the reservation in the lease or any allocation under it, the growing timber was a part of the land. The tenant had the right to enjoy the benefit of the trees while standing and to reasonable estovers, but the administrator had no right to sell them to the defendant to be cut and removed from the land. When the administrator assumed to give the defendant his deed of the growing trees and the defendant accepted it, and assumed to hold under it, it was in effect a repudiation of the tenancy, not only by the administrator but also by the defendant, his grantee. Society for Propagation, etc. v. Sharon, 28 Vt. 603, 613; Hadley v. Havens, 24 Vt. 520, 523.

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