MR. JUSTICE BLATCHFORD delivered the opinion of the court. After stating the facts in the language above reported, he continued:
It is contended, for the plaintiff, that Phillips acquired a right to the possession of the lands as a tenant in common, and a right to cut and market the timber, with a view to paying the consideration for the purchase; that such rights had passed to the plaintiff; and that a verdict for the plaintiff should have been directed, or else...
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