70 Vt. 123 | Vt. | 1897
The principal defendant sold and delivered to the trustee milk which was produced from cows owned by the claimant and managed by the defendant, under an agreement in writing whereby the claimant leased her farm, with certain cows and other personal property thereon, for the term of one year, the defendant agreeing to pay to the claimant one-half of the rents and profits, being share and share alike after deducting the expenses and taxes on the farm, and each party holding a lien on his undivided share. By this agreement, the defendant did not undertake to pay any certain quantity of produce, or a definite sum as rents
In Aiken v. Smith, 21 Vt. 172, the defendant leased his farm to the plaintiff for a term of years, the produce to be divided equally between them; and it was held that they were tenants in common of the produce. The holding in Frost v. Kellogg, 23 Vt. 308, is to the same effect.
It appears from the report of the commissioner, that, shortly after the service of the writ upon the trustee and before the return day, the claimant and defendant had a looking over of the farm accounts, and that there was found due the claimant, on account of products and profits of the farm and money furnished by her, a sum in excess of the amount found in the hands of the trustee. It would seem from this finding, that, at the time the writ was served, the defendant had drawn more than his share of the rents and profits, and that, as between him and the claimant, the rents and profits in the hands of the trustee belonged to the claimant; but, if such were not the fact, the funds in the hands of the trustee belonged to the claimant and defendant jointly and were not subject to process for the sole debt of the defendant.
Judgment reversed and trustee discharged with costs; costs allowed claimant.