Legal Opinion

Small v. Haskins

Supreme Court of Vermont

Decided January 15, 1854PublishedCited by 10 opinions

Trespass quare clausum fregit. Plea, the general issue, and trial by jury. On the trial the plaintiff introduced evidence tending to show, that he had a possessory title to the locus in quo, and that the defendants had committed the alleged trespass.

Read the full summary

Trespass quare clausum fregit. Plea, the general issue, and trial by jury. On the trial the plaintiff introduced evidence tending to show, that he had a possessory title to the locus in quo, and that the defendants had committed the alleged trespass. The defendants then gave in evidence a copy of a justice’s record, whereby it appeared, that the plaintiff had commenced an action of trespass before said justice, against these defendants and two others, who defended under the title of these defendants, and that such proceedings were therein had that said justice, on the tenth day of July, 1844,…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

On the trial of this cause at the circuit, the plaintiff introduced evidence to prove a possessory right to the land described in his declaration, and also the injury of which he complains. The parties are adjoining proprietors of land, and the matter in controversy is in relation to the dividing line between them. For the purpose of showing a title, and right of possession to the land in dispute, the defendants gave in evidence the record of a suit before a justice of the peace, in an action of trespass on the free-hold, brought in favor of…

2Cases cited6 opinions

  1. Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
  2. Burt v. SternburghNew York Supreme Court · 1825
  3. Hastings v. WebberSupreme Court of Vermont · 1829
  4. Whitney v. BowenSupreme Court of Vermont · 1839
  5. Haven v. NeedhamSupreme Court of Vermont · 1848

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Watson v. RichardsonSupreme Court of Iowa · 1899
  2. Fassler v. StreitNebraska Supreme Court · 1913
  3. Williams v. HackerSupreme Court of Colorado · 1891
  4. In re Bellows' EstateSupreme Court of Vermont · 1887
  5. Denisewich v. Abbott Glass Co.Supreme Court of Rhode Island · 1964

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API