Brown v. Clark
Supreme Court of Vermont
Trespass. Plea, the general issue. Heard on the report of a referee and exceptions thereto, Rutland County, September Term, 1900, Tyler, J., presiding. Judgment on the report for the defendant. The plaintiff excepted.
1Opinion of the CourtStafford, J.
The action is trespass on the freehold, and the plaintiff is to have judgment unless the defendant has gained title by adverse possession. He has occupied for the necessary period, contiuously, openly and exclusively. The only question is whether his occupation has been adverse, or, “under a claim of title,” which Judge Peck says is the same thing. Morse v. Churchill, 41 Vt. 649, 652.
The dispute is over the boundary between two farms in Pawlet. The plaintiff owns the south farm, the defendant the north. The land is a mountain-side, valuable only for its timber.
In 1872, Hulett, who then owned…
2Cases cited1 opinion
- Morse v. ChurchillSupreme Court of Vermont · 1869
3Cited by4 opinions
- Marvel v. Barley Mill Road HomesCourt of Chancery of Delaware · 1954
- Ewing v. TannerSupreme Court of Georgia · 1937
- Marvel v. Barley Mill Road Homes, Inc.Court of Chancery of Delaware · 1954
- State v. CleavelandSupreme Court of Vermont · 1909