Hall v. Dewey
Supreme Court of Vermont
This was an action of trespass for breaking and entering the plaintiff’s close, and cutting and carrying away the plaintiff’s oats, on the I5th of A.ugust, 1835, and came to this court upon the following bill of exceptions.
Read the full summary
This was an action of trespass for breaking and entering the plaintiff’s close, and cutting and carrying away the plaintiff’s oats, on the I5th of A.ugust, 1835, and came to this court upon the following bill of exceptions. The trespass, was committed upon a piece of land containing about ten acres, which the plaintiff claims as a part of lot No. 17, of the first division laid to the original right of Nathan Willard, jr. On the trial of the case in the County Court, the plaintiff read in evidence the original charter of the town of Rut-land, dated 7th September, 1761, by which it appeared…
1Opinion of the Court
The opinion of the Court was delivered by
Royce, J.
I shall first consider the decision of the county court, excluding the ten acres in dispute from lot No. 17.
That decision was necessarily fatal to the plaintiff’s right of recovery, since his evidence of title was confined to that lot; and his actual possession at the time of the trespass complained of, if without title, could not avail him against the prior seisin and possession of Porter, under whom the defendants acted, though Porter’s possession had not ripened into a perfect title. It has long been settled in this state, that ejectment…
2Cited by11 opinions
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- Hinton v. NelmsSupreme Court of Alabama · 1848
- Buckmaster v. NeedhamSupreme Court of Vermont · 1850
- Doe ex dem. Kennedy's Executors v. Townsley's HeirsSupreme Court of Alabama · 1849
6 more not listed; retrieve them via the Exa API.