Stratton v. Lyons
Supreme Court of Vermont
Action of trespass on the freehold. Writ dated Nov. 22,1876. Plea, the general issue. Trial by jury, December Term, 1879. Veazey, J., presiding.
Read the full summary
Action of trespass on the freehold. Writ dated Nov. 22,1876. Plea, the general issue. Trial by jury, December Term, 1879. Veazey, J., presiding. The plaintiffs’ evidence showed that they were daughters of Elhanan W. Stratton, and that he owned in fee at the time of his death, and for more than twenty years previous, the close described in the declaration ; and they claimed title thereto under his will, executed January 26, and probated March 16, 1863, and also under a deed from G. B. and Milo Stratton, dated April 10, 1871, conveying reversionary interests under said will; that they had lived…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiffs claim no title to the clay-bed, the digging and carrying away of which furnished the occasion for entering upon the close complained of. They admit that that title is outstanding. If the defendant has it he was justified in what he did. The plaintiffs’ grantor conveyed it to Archer and others, and the latter to the United States Pottery Company. So far, no question is made. Nor is any question made but that the defendant *141has succeeded to all the rights in that respect which George W. Harman acquired by his suit against, and sale…
2Cases cited8 opinions
- Wright v. HazenSupreme Court of Vermont · 1852
- James A. Shedd & Co. v. Bank of BrattleboroSupreme Court of Vermont · 1860
- Beech v. RichSupreme Court of Vermont · 1841
- Eastman v. WatermanSupreme Court of Vermont · 1854
- Spaulding v. ChamberlinSupreme Court of Vermont · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Michels v. StorkMichigan Supreme Court · 1883