Legal Opinion

Noble v. Sylvester

Supreme Court of Vermont

Decided February 15, 1869PublishedCited by 4 opinions

Trover for a stone. Pleas, the general issue and two special pleas. Replication joining the issue tendered and traversing the special pleas. Trial by jury, May term, 1868, Barrett, J., presiding.

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Trover for a stone. Pleas, the general issue and two special pleas. Replication joining the issue tendered and traversing the special pleas. Trial by jury, May term, 1868, Barrett, J., presiding. The defendant averred in his special pleas that, prior to the l'2th day of April, 1833, the plaintiff owned a piece of land in Bethel upon which was a rock and from this rock the plaintiff had loosened the stone in question and moved it a very little; that on said 12th of April, the plaintiff sold and conveyed to one Daniel Walace said piece of land having said stone thereon as aforesaid, by a…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

It appears from the case that the stone in controversy was split out and removed from its original connection and position in the ledge, and laid up preparatory to its removal from the farm on which it was originally situated. This was done by the plaintiff, who was then the owner of the farm, and the object of splitting it out and putting it in such position was to remove it from the farm and use it in the construction of a tomb. This being the case, the stone may be regarded as being governed by the same principles that are applicable…

2Cited by4 opinions

  1. Hackett v. AmsdenSupreme Court of Vermont · 1885
  2. Strong v. DoyleMassachusetts Supreme Judicial Court · 1872
  3. Straw v. StrawSupreme Court of Vermont · 1897
  4. Evarts v. YoungSupreme Court of Vermont · 1880

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