A. W. Mead's Adm'x v. Fred A. Owen

• Decision Date: 07 January 1910
• Citation: 74 A. 1058,83 Vt. 132
• Parties: A. W. MEAD'S ADM'X v. FRED A. OWEN
• Court: Vermont Supreme Court

74 A. 1058

83 Vt. 132

A. W. MEAD'S ADM'X v. FRED A. OWEN

Supreme Court of Vermont

January 7, 1910

October Term, 1909.

APPEAL IN CHANCERY. Heard on the pleadings and master's report at the December Term, 1908, Addison County, Stanton Chancellor. Decree for the oratrix. The defendant appealed. The opinion states the case.

Decree affirmed and cause remanded.

W H. Davis and Leroy C. Russell for the oratrix.

Present ROWELL, C. J., MUNSON, WATSON, HASELTON, and POWERS, JJ.

OPINION

MUNSON

The defendant occupied and carried on the oratrix' farm on equal shares from March 4, 1904, to March 7, 1906, under an oral contract. When he came there he bought, at the oratrix' request, the half interest of his predecessor in some live stock then on the farm; and the oratrix and the defendant maintained their equal interest in this stock and its increase, and in the products of the farm, during the defendant's stay. Difficulties arose between the parties early in the winter of 1905-6, and the oratrix demanded possession of the premises sometime in January; but after this the parties agreed to adjust their matters by arbitration, and on February 28, 1906, they signed a writing by which W. H. Brownell, the oratrix' brother-in-law, and C. J. Torrey, the defendant's father-in-law, were agreed upon for this service. Brownell was also made the agent of the oratrix, and Torrey the agent of the defendant, for all matters connected with their work. The arbitrators entered upon their work immediately, and proceeded therein until March sixth, without any difficulties arising between them, and exercising their best judgment as to valuations. The work was then practically completed, except the appraisal and division of the hay and some other produce. Both parties had knowledge of the work done by the arbitrators, and knew the results as far as they had gone. The oratrix had a conference with her attorney on the day named, and about noon of that day Brownell gave defendant written notice that the agreement was revoked. About noon of the following day, the defendant was arrested on a justice ejectment writ and committed to jail. He returned from jail on the ninth, and on the tenth this bill and injunction were served on him. The cross-bill was served on the oratrix April eleventh, with an order enjoining her from interfering with the defendant in such care and protection as he might wish to give the stock that was jointly owned by him and the oratrix. A receiver was appointed on the oratrix' motion May nineteenth.

The defendant was in possession of the premises until his arrest caring for the stock and produce and otherwise managing the farm. He had no care of the property after this, except to leave it in charge of a young man, who departed forthwith at the oratrix' command enforced by a threat. When the defendant was arrested the oratrix assumed control of the farm and nearly all the personal property, and placed another man in charge of the farm, stock and produce; and before the defendant returned from jail she had new locks put on the barn and other buildings, and had all the places by which one might enter them boarded up, and directed the man in charge to tell the defendant on his return not to go into any of the buildings, and to have nothing to do with, or exercise any care over, the...