Clark v. Dustin
Supreme Court of Vermont
Trespass qua. clau. in four counts for entering and cutting grass, in the years 1871-4, each count being for the entering and cutting in one of the four years. Pleas, general issue, and license. Trial by jury, May Term, 1878, Barrett, J., presiding.
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Trespass qua. clau. in four counts for entering and cutting grass, in the years 1871-4, each count being for the entering and cutting in one of the four years. Pleas, general issue, and license. Trial by jury, May Term, 1878, Barrett, J., presiding. It appeared that the plaintiff and defendant were owners of adjoining lands, which were roughly separated in 1859 or 1860 by a line of stakes, which was in 1864 or 1865 replaced by a fence, which was on the same line, but not the true line ; and that the plaintiff and defendant and their respective grantors had occupied the whole, or a greater…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is trespass quare clausum. The respective grantors of the parties, some fifteen years previous to the *570commencement of this suit, had a division fence dividing their respective possessions, to which each occupied, with the mutual understanding, as the jury have found, that it was not wholly on the true line, but that a survey should be had, the true line ascertained, and the fence placed on such line. . This action is brought to recover damages fo" cutting grass on land which, as it appeared by the survey, belonged to the…
2Cases cited2 opinions
- Executors of Stevens v. HollisterSupreme Court of Vermont · 1846
- Cutting v. CoxSupreme Court of Vermont · 1847
3Cited by2 opinions
- Drown Motor Car Co., Inc. v. TobiasSupreme Court of Vermont · 1930
- Shores v. BellSupreme Court of Vermont · 1885