Hibbard v. Foster
Supreme Court of Vermont
Trespass quare clausum fregit, for breaking and entering the plaintiff’s close, described as number 19, second division, drawn to the original right of John I. Clark, in Brighton, and cutting and carrying away timber therefrom. Plea, general issue, and notice that they would justify under license from plaintiff, and trial by jury.
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Trespass quare clausum fregit, for breaking and entering the plaintiff’s close, described as number 19, second division, drawn to the original right of John I. Clark, in Brighton, and cutting and carrying away timber therefrom. Plea, general issue, and notice that they would justify under license from plaintiff, and trial by jury. On the trial, it was admitted by the defendants, that by the proprietor’s records, of the town of Brighton, lot number 19, in the second division, was drawn to the original right of John I. Clark. The plaintiff then introduced a certified copy of the last will of…
1Opinion of the Court
By the Court.
The plaintiff’s title to one half the lot, must be regarded as sufficiently made out, we think, from the original *546source. The deed of Robert Hare aud wife, clearly describes the whole right, but in reciting the sources of their title, the deed of Kane and wife, is described as a deed of number 34, as it is. And having title to one half, the plaintiff must recover the whole land in ejectment, and the whole damage, we think, in trespass quare clausum fregit. That was certainly so at common law, when trespass is brought merely for mesne profits, and equally in an action of…
2Cases cited3 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Powers v. LeachSupreme Court of Vermont · 1850
- Sawyer v. NewlandSupreme Court of Vermont · 1837
3Cited by9 opinions
- King v. HyattSupreme Court of Kansas · 1893
- Simmons v. SprattSupreme Court of Florida · 1890
- Fullam v. FosterSupreme Court of Vermont · 1896
- Sherin v. LarsonSupreme Court of Minnesota · 1881
- Wilson v. BlakeSupreme Court of Vermont · 1880
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