Downer v. Tarbell
Supreme Court of Vermont
This was an action of trespass de bonis, with a count in trover, for the cutting and taking away of logs and wood from lots numbered 106 and 107 in the town of Granville. The case was heard on the report of referee at the December Term, 1888, Powers, J., presiding. It was admitted that the plaintiffs owned lot No. 106, but the location of the line was in dispute.
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This was an action of trespass de bonis, with a count in trover, for the cutting and taking away of logs and wood from lots numbered 106 and 107 in the town of Granville. The case was heard on the report of referee at the December Term, 1888, Powers, J., presiding. It was admitted that the plaintiffs owned lot No. 106, but the location of the line was in dispute. The plaintiffs derived their title to lot No. 107 through a chain of title from Samuel Bass, who derived his title from two tax deeds, one dated Jan. 4,1799, and the other May 1st, 1812. The latter deed was recorded June 18, 1812.…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
As to lot No. 107. The plaintiffs never had actual; nor constructive possession of lot No. 107. They stand upon their title derived from Samuel Bass, who held under tax titles of the-years 1799 and 1812. They have no evidence of the proceedings-in relation to the sales prior to the deeds from the tax collectors.. The recitals in the deeds of the preliminary proceedings are not evidence of the facts stated in such recitals. Hall v. Collins, 4 Vt. 316; Spear v. Ditty, 8 Vt. 419; Reed v. Field, 15 Vt. 672; Brown v. Wright, 17 Vt. 97; Townsend v.…
2Cases cited5 opinions
- Reed v. FieldSupreme Court of Vermont · 1843
- Brown v. WrightSupreme Court of Vermont · 1843
- Spear v. DittySupreme Court of Vermont · 1836
- Bellows v. ElliotSupreme Court of Vermont · 1840
- Hall v. CollinsSupreme Court of Vermont · 1832
3Cited by3 opinions
- Neill v. WardSupreme Court of Vermont · 1930
- Brush v. WatsonSupreme Court of Vermont · 1908
- Greenmont Lumber Corp. v. BergerSupreme Court of Vermont · 1990