Legal Opinion

Weston v. Gravlin

Supreme Court of Vermont

Decided February 15, 1877PublishedCited by 10 opinions

Trespass qua. clau. Plea, the general issue. Trial by jury, and verdict for the plaintiff, May Term, 1876, Barrett, J., presiding. It appeared in evidence that plaintiff, though not the legal owner of the premises where the alleged trespass was committed, was in possession and occupancy and carrying on the farm, but upon what terms did not appear. The owner of the farm was a witness on behalf of the plaintiff.

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Trespass qua. clau. Plea, the general issue. Trial by jury, and verdict for the plaintiff, May Term, 1876, Barrett, J., presiding. It appeared in evidence that plaintiff, though not the legal owner of the premises where the alleged trespass was committed, was in possession and occupancy and carrying on the farm, but upon what terms did not appear. The owner of the farm was a witness on behalf of the plaintiff. The plaintiff’s evidence tended to show, that on the night of a day named, defendant, with malicious and revengeful motives, went upon the said premises^ broke in three of the windows…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

This was an action of trespass on the freehold. On trial it appeared that the.plaintiff was in the possession and occupancy of the house in question, but that he was not the legal owner of the house, and the action was brought to recover the damages to his estate or possession. The defendant was a stran*510ger to the title. The plaintiff’s evidence tended to show that the defendant broke in three of the windows and window blinds of his house, and defaced the walls of the house, from malicious and revengeful motives.

I. For the purpose of…

2Cases cited5 opinions

  1. Wilson v. YoungWisconsin Supreme Court · 1872
  2. Love v. MoynehanIllinois Supreme Court · 1855
  3. Prentiss v. ShawSupreme Judicial Court of Maine · 1869
  4. Matthews v. TerrySupreme Court of Connecticut · 1835
  5. Ross v. LaphamMassachusetts Supreme Judicial Court · 1817

3Cited by10 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Rost v. F. H. Noble & Co.Illinois Supreme Court · 1925
  3. In re Cowdry's WillSupreme Court of Vermont · 1905
  4. Childs v. MerrillSupreme Court of Vermont · 1894
  5. Foundry Manufacturing Co. v. FarrSupreme Court of Vermont · 1924

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