Martyn v. Curtis
Supreme Court of Vermont
Trespass quare clausum. Plea, not guilty. Trial by court at the June term’, 1894, Ross, C. J., presiding. Upon the facts found the court gave judgment for the defendant. The plaintiff excepts. The excluded evidence tended to render more probable the claim of the plaintiff, and should have been admitted.
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Trespass quare clausum. Plea, not guilty. Trial by court at the June term’, 1894, Ross, C. J., presiding. Upon the facts found the court gave judgment for the defendant. The plaintiff excepts. The excluded evidence tended to render more probable the claim of the plaintiff, and should have been admitted. Armstrong v. Noble, 55 Vt. 428 ; Randall v. Preston, 52 Vt. 198 ; Beckley v. Jarvis, 55 Vt. 348 ; Bartlett v. Wilson, 60 Vt. 644; Fire Ass’n, etc., v. National Bank, 54 Vt. 657 ; Richardson v. Royalton, etc., T. Co., 6 Vt. 496; Moon v. Hawks, 2 Aik. 390; Downer v. Bowen, 12 Vt. 452; Kirkaldie…
1Opinion of the CourtThompson, J.
The plaintiff claimed that the alleged trespass was committed on the ten acre lot owned by him. In his chain of title he put in evidence a deed from Samuel Fifield to David Adams, dated March 8, 1806, the original grant of the ten acre piece, in which the description is as follows :
“Also ten acres of land off the west end of the first division lot drawn to the original right of Ebenezer Brewster, beginning at the southwest corner of said lot and running forty rods east on the south line of said lot, thence turning and running about a north point until it strikes the west line of said lot far…
2Cited by6 opinions
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- State v. DureinSupreme Court of Kansas · 1904
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- State v. SanfordNew Mexico Supreme Court · 1939
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