Morrow v. Willard
Supreme Court of Vermont
This was an action of trespass for breaking and entering the plaintiff’s close and conducting the water away from the plaintiff’s pump logs. The case was referred, and the report of the referee shows the following facts, which constituted the trespass complained of. The plaintiff owned and occupied about three acres of land upon the south side of a certain highway in the town of Sheldon. The plaintiff’s land was bounded on the north by the south line of the highway.
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This was an action of trespass for breaking and entering the plaintiff’s close and conducting the water away from the plaintiff’s pump logs. The case was referred, and the report of the referee shows the following facts, which constituted the trespass complained of. The plaintiff owned and occupied about three acres of land upon the south side of a certain highway in the town of Sheldon. The plaintiff’s land was bounded on the north by the south line of the highway. The plaintiff had by means of pump logs conducted the water to his house from a spring situate about one hundred rods distant in…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
No question is made as to the plaintiff’s possession of the locus in quo at the time of the alleged trespass, and prior possession is enough against the defendant, if he stands as a stranger to all title.
The defendant’s title depends upon the construction of the deed of Isaac Briggs to him, which purports to convey all the grantor’s right to forty-seven acres of lot number twenty-seven, third division. in the town of Sheldon, bounded south on the highway, east on the lot line, etc., “ meaning,” says the grantor, “ to convey a piece of land I…
2Cases cited1 opinion
- Gilman v. SmithSupreme Court of Vermont · 1840
3Cited by13 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Spiller v. ScribnerSupreme Court of Vermont · 1863
- Betcher v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Huntley v. HoughtonSupreme Court of Vermont · 1911
- Fullam v. FosterSupreme Court of Vermont · 1896
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