Pierce v. Brown
Supreme Court of Vermont
Trespass quare clausum fregit. The declaration described the land as follows: “ In a plea of trespass, for that the defendant on “ the second day of April, A. D. 1849, at Whiting in the county “ of Addison aforesaid, and on divers other days and times between “ that day and the commencement of this suit, with force and arms, “ broke and entered the plaintiff’s close situated in Whiting afore- “ said, and bounded on the south by land owned by widow Murray “ and James…
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Trespass quare clausum fregit. The declaration described the land as follows: “ In a plea of trespass, for that the defendant on “ the second day of April, A. D. 1849, at Whiting in the county “ of Addison aforesaid, and on divers other days and times between “ that day and the commencement of this suit, with force and arms, “ broke and entered the plaintiff’s close situated in Whiting afore- “ said, and bounded on the south by land owned by widow Murray “ and James Chatterton,— on the west by land owned by Justus “ F. Brown,— East by lands owned by Platt Ketcham and by Hi- “ ram Brown, and…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
In this action of trespass on the freehold, the plaintiff seeks to recover damages for trespasses committed during the , season of 1849. For the purpose of showing his title to the premises in question, the plaintiff, on the trial, offered in evidence a mortgage deed executed by Ira Brown to Appollos Austin, dated May 2,1842, with an assignment of the mortgage and transfer of the note to him, made by G. A. Austin as executor of Appollos Austin on the 17th day of April, 1848. The assignment was recorded May 22, 1848, but not acknowledged until…
2Cases cited3 opinions
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