Miller v. Wood
Supreme Court of Vermont
Action of trespass quare clausum. Plea, the general issue, with notice of special matter. Trial by j,ury, March term, 1871, Wheeler, J., presiding. The defendants had the right to out timber on a lot known as the Harvey lot, which lay just east of and adjoining the plaintiff’s lot. The main question in issue was as to the location of the west line of the Harvey lot, which was the east line of the lot owned by the plaintiffs.
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Action of trespass quare clausum. Plea, the general issue, with notice of special matter. Trial by j,ury, March term, 1871, Wheeler, J., presiding. The defendants had the right to out timber on a lot known as the Harvey lot, which lay just east of and adjoining the plaintiff’s lot. The main question in issue was as to the location of the west line of the Harvey lot, which was the east line of the lot owned by the plaintiffs. The plaintiff claimed that the true S. W. corner of the Harvey lot was a pine tree, located some nine rods east of the point where the defendants claimed the corner of…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
If the declaration made by Macomber to Briggs, which the plaintiffs were permitted to prove, had been offered for the purpose of showing where the corner and lino in dispute were, it would have been objectionable for the reasons suggested in argument :
1st. That it did not appear that Macomber was dead. 2d. That it did not appear that he had actual knowledge upon the subject, or any means of knowledge from which actual knowledge could be inferred. Both of those facts must be shown to lay the foundation for the introduction of this kind of…
2Cases cited3 opinions
- Wood v. WillardSupreme Court of Vermont · 1864
- Powers v. SilsbySupreme Court of Vermont · 1868
- Wilcox v. GreenSupreme Court of Connecticut · 1859
3Cited by7 opinions
- Child v. KingsburySupreme Court of Vermont · 1873
- Sneider v. Big Horn Milling Co.Wyoming Supreme Court · 1921
- Alger v. Andrews & BaldwinSupreme Court of Vermont · 1875
- Davis v. MoylesSupreme Court of Vermont · 1903
- Weinberg v. RobertsSupreme Court of Vermont · 1925
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