Lathrop v. Levarn
Supreme Court of Vermont
Trespass quare clausum. Plea, the general issue. Trial by jury at the December Term, 1908, Addison County, Stanton, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. Plaintiff’s possession, being that of a co-tenant could not be adverse because not constituting an ouster.
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Trespass quare clausum. Plea, the general issue. Trial by jury at the December Term, 1908, Addison County, Stanton, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case. Plaintiff’s possession, being that of a co-tenant could not be adverse because not constituting an ouster. Owen v. Foster, 13 Vt. 263; Boberts V. Morgan, 30 Vt. 319; Chandler V. Bicker, 49 Vt. 128. Even though defendant for the requisite period occupied beyond his true line, but claiming to occupy only to the true line, such occupancy would not ripen into title to land…
1Opinion of the CourtRowell, C. J.
This is trespass for cutting timber on plaintiff’s land in Bristol, situated on the mountain near Bristol Notch, and commonly called the 1500-acre pitch lot. The defendant claimed that the cutting complained of was not on said lot, but west of it on his own land adjoining it; but if it was on said lot, the defendant claimed that he was not liable for it, because it was done by an independent contractor, and so the principal question was as to the location of the west line of the pitch lot. The parties agreed that the northwest corner of the pitch lot and the northeast corner of lot 37, which…
2Cases cited13 opinions
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- Harvey v. TylerSupreme Court of the United States · 1865
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3Cited by15 opinions
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- Felsenthal v. WarringCalifornia Court of Appeal · 1919
- Blondin v. BrooksSupreme Court of Vermont · 1910
- Jarvis v. GillespieSupreme Court of Vermont · 1991
- Barber v. BaileySupreme Court of Vermont · 1912
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