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HUDSON v. CLARK

No. 218-77.

396 A.2d 132 (1978)

Kit HUDSON et al. v. Herbert CLARK.

Supreme Court of Vermont.

November 13, 1978.

Attorney(s) appearing for the Case

Corsones & Hansen, Rutland, for plaintiffs.

Gerard F. Trudeau, Middlebury, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

BARNEY, Chief Justice.

This is an action by the owners of a certain Johnson lot against the defendant for treble damages under 13 V.S.A. § 3606 for the unlawful cutting of timber on that lot. The defense was based on the existence of an unrecorded timber cutting agreement relating to that lot that had not expired at the time of the sale of the lot and the subsequent cutting. The defendant claimed that the plaintiffs...

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