Murphy v. Bolger
Supreme Court of Vermont
Ejectment in common form. Plea, general issue. Trial by court, March Term, 1886, Eoss, J., presiding. Judgment for the plaintiff to recover of the defendants the seisin and peaceable possession of the premises and one cent damages and costs. The plaintiff and the defendants were adjoining landowners, and there was a dispute between them as to the exact location of their division line.
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Ejectment in common form. Plea, general issue. Trial by court, March Term, 1886, Eoss, J., presiding. Judgment for the plaintiff to recover of the defendants the seisin and peaceable possession of the premises and one cent damages and costs. The plaintiff and the defendants were adjoining landowners, and there was a dispute between them as to the exact location of their division line. The defendants’ land was described by courses and distances, and its east line was controlled by the east line of a store building standing upon it. The plaintiff’s land was simply bounded by the defendants’.…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
The question in this case is whether the plaintiff can maintain the action of ejectment, or should have resorted to an action on the case as for a nuisance.
This action, which was originally employed in England to enable the lessee of lands, who had been ejected therefrom during his term, to recover damages therefor, was subsequently enlarged to enable him also to recover possession of the land. In later years it has been used both in England and in this country to try questions involving the title to real estate. Under our statute, sec. 1247,…
2Cases cited5 opinions
- Aiken v. BenedictNew York Supreme Court · 1863
- Jackson ex dem. Loux v. BuelNew York Supreme Court · 1812
- McCourt v. EcksteinWisconsin Supreme Court · 1867
- Rowan v. KelseyNew York Supreme Court · 1854
- Chamberlin v. DonahueSupreme Court of Vermont · 1868
3Cited by10 opinions
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
- Swetland v. Curtiss Airports CorporationDistrict Court, N.D. Ohio · 1930
- Johnson v. Minnesota Tribune Co.Supreme Court of Minnesota · 1904
- Rasch v. NothWisconsin Supreme Court · 1898
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