Davis v. White
Supreme Court of Vermont
Possession of land, actual and constructive. Trespass quare clausum fregit alleged to have been committed on lot No. 35 in Goshen Gore. Plea, the general issue; trial by jury, September Term, 1854, — Poland, J., presiding.
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Possession of land, actual and constructive. Trespass quare clausum fregit alleged to have been committed on lot No. 35 in Goshen Gore. Plea, the general issue; trial by jury, September Term, 1854, — Poland, J., presiding. The plaintiff read in evidence a certified copy of the charter of Goshen, and a deed, from Silas J. Holbrook to himself, of said lot No. 35, dated February 24, 1853. The plaintiff then gave evidence tending to prove, that in 1848, one Niles, who owned land lying northerly of said lot No. 35, felled a large piece of trees, and by mistake cut over upon lot No. 35, some five…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The locus in quo is lot No. 35 in Goshen Gore. The plaintiff claimed title to the lot in question, under Silas J. *754Holbrook, by virtue of a deed, bearing date in 1853. Holbrook had no legal title to it. But it does appear that in 1849 the plaintiff made an arrangement with Holbrook to go into possession of the IN acres of the lot which, through mistake, had been cut over by „ and to clear them off and take the crops, and in the fall of 1c -><1 spring of 1850 the plaintiff cleared them off, built a fence around them and raised a crop of wheat…
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