Clark v. Gallagher
Supreme Court of Vermont
Trespass quare clausum, with a .count in trespass de •bonis. Plea, the general issue. Trial by jury at the March 'Term, 1901, Orleans County, Tyler, J., presiding. Verdict and judgment thereon for the plaintiffs. The defendant ex- ' uepted. The defendant brought a petition for a new trial to the October Term, 1901, of this court, which was heard with the •exceptions herein.
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Trespass quare clausum, with a .count in trespass de •bonis. Plea, the general issue. Trial by jury at the March 'Term, 1901, Orleans County, Tyler, J., presiding. Verdict and judgment thereon for the plaintiffs. The defendant ex- ' uepted. The defendant brought a petition for a new trial to the October Term, 1901, of this court, which was heard with the •exceptions herein. The copy of the quit-claim deed should have been admitted; it purported to convey ten acres out of the northwest •corner of No. 65; the east boundary of the part conveyed was then marked. It appeared that, if the west line…
1Opinion of the CourtWatson, J.
The plaintiffs are the owners of lot No-. 66, and the defendant of the lot immediately east of it, No-. 65, in the town of Albany. The issue, as to the plaintiffs’ right of recovery, was the location of the original lot line between these two- lots, as the lots in the town were originally laid out. There was noi question of adverse possession in the case. The lots in the town were all surveyed and laid out as- early as 1788. In g'o-ing from north to south, now as then, one passes-eighteen tiers of lots which run east and west, each tier containing twelve lots.
The defendant claimed and his…
2Cases cited5 opinions
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
- Bradish v. StateSupreme Court of Vermont · 1862
- Stiles v. EstabrookSupreme Court of Vermont · 1894
- Bullock v. BeachSupreme Court of Vermont · 1830
- Dodge v. KendallSupreme Court of Vermont · 1831
3Cited by4 opinions
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Bradley v. Kelley & TrusteeSupreme Court of Vermont · 1933
- State v. KelsieSupreme Court of Vermont · 1919
- Bristol Manufacturing Co. v. PalmerSupreme Court of Vermont · 1909