Davenport v. Newton
Supreme Court of Vermont
Trespass on tbe freehold, with a claim for treble damages under R. L. 4206. Pleas, the general issue and two special pleas. Upon the report of a referee at the December term, 1896, Bennington county, Thompson, J., presiding, judgment was rendered, pro forma, for the defendants to recover their costs. The plaintiffs excepted.
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Trespass on tbe freehold, with a claim for treble damages under R. L. 4206. Pleas, the general issue and two special pleas. Upon the report of a referee at the December term, 1896, Bennington county, Thompson, J., presiding, judgment was rendered, pro forma, for the defendants to recover their costs. The plaintiffs excepted. A stipulation was filed to the effect that a pro-forma judgment might be rendered for the defendants upon condition that no claim which the plaintiffs might have urged before the county court, either for treble damages or otherwise, should be waived or prejudiced.
1Opinion of the CourtRowell, J.
This is trespass on the treble-damage act for cutting timber-trees on land in Searsburg. The locus consists of that part of lot No. 53 that lies west of the old town line, called the Ball Lot; the rest of 53, except a strip
on the north end that belongs to the Governor’s Right; and of that part of lot No. 54 tbat lies westof said old line, called the 57-rod strip.
The plaintiffs claim title by adverse possession only; and failing that, they claim a possessory title sufficient to enable fhem to maintain trespass against the defendants, who are strangers to all title.
The defendants concede the…
2Cases cited16 opinions
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- Fanning v. . OsborneNew York Court of Appeals · 1886
- Nunnelly v. Southern Iron Co.Tennessee Supreme Court · 1895
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