Riley v. Wheeler
Supreme Court of Vermont
This was an action of trespass for removing and appropriating a building claimed to belong to the plaintiff. Plea, the general issue. Trial by jury, September term, 1869, Pierpoint, C. J., presiding. Verdict for the defendants.
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This was an action of trespass for removing and appropriating a building claimed to belong to the plaintiff. Plea, the general issue. Trial by jury, September term, 1869, Pierpoint, C. J., presiding. Verdict for the defendants. The plaintiff’s evidence tended to show that he purchased the building of one Lawrence, in St. George, having some years previously occupied the same as a dwelling-house for some three years ; that he had purchased it some fourteen months before the trespass complained of, with the purpose of removing the same and using it as a dwelling-house, and had the right of…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The parties were at issue with reference to the extent of the authority of Lawrence, and the time within which it was to have been exercised. The testimony on this subject came from Lawrence, but it was not unequivocal either as to the extent of the authority or the time it was to continue ; he had doubts about it in his own mind, and so told the defendants. Upon this testimony it could not be determined as matter of law''whether Lawrence exceeded his authority, or not, either as to time or manner of execution; a trial of fact was necessary…
2Cited by2 opinions
- Riley v. WheelerSupreme Court of Vermont · 1872
- Chalmers v. McAuleySupreme Court of Vermont · 1895