Supreme Court of Vermont January 15, 1850 (Langdon v. Paul)

The opinion of the court was delivered by

Redfield, J.

The question to be determined in the present case is, whether the mortgagee, after condition broken, and before foreclosure, can maintain either an action on the case, in the nature of waste, against the mortgagor in possession, for cutting timber and selling it, or trover for the timber.