Legal Opinion

Bagley v. Morrill

Supreme Court of Vermont

Decided August 15, 1873PublishedCited by 12 opinions

Trespass qua clau. in two counts. Pleas, the general issue and license. Trial by jury, December term, 1872, Royce, J., presiding. No question arose under the second count.

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Trespass qua clau. in two counts. Pleas, the general issue and license. Trial by jury, December term, 1872, Royce, J., presiding. No question arose under the second count. To prove title to the land described in the first count, the plaintiff gave in evidence a deed thereof from.Ephraim Paddock to himself, dated May 31, 1859, wherein said land was described as follows: “ Being part of lot No.-, beginning on the division line between said Paddock and JEL Martin’s estate, at a stake and stones ; thence S. 5° W., 22 rods, to stake and stones ; thence S. 15° W., 15 rods, to the division line…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The only question in the case is as to a portion of the east line of the plaintiff’s land, conveyed to him by Ephraim Paddock, by deed dated May 31, 1859. The case states that no question was made but that the title to the land described in that deed, was conveyed by it to the plaintiff.. The point made by the defendants’ counsel is, that the court erred in charging the jury to the effect that the plaintiff would hold so far as the courses and distances set forth in his deed from Paddock, would give him. In determining the correctness of this…

2Cited by12 opinions

  1. Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
  2. Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
  3. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  4. Neill v. WardSupreme Court of Vermont · 1930
  5. Pollard v. ShivelySupreme Court of Colorado · 1880

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