Legal Opinion

Oatman v. Fowler

Supreme Court of Vermont

Decided February 15, 1871PublishedCited by 6 opinions

Trespass guare clausum for entering on lands in Sunderland and cutting timber. Plea, the general issue. Trial by jury at the June term, 1870, Wheeler, J., presiding.

Read the full summary

Trespass guare clausum for entering on lands in Sunderland and cutting timber. Plea, the general issue. Trial by jury at the June term, 1870, Wheeler, J., presiding. On the trial it appeared that Sunderland was granted July 30, 1761, by Benning Wentworth, then Governor of the Province of New Hampshire, to sixty-eight proprietors, and that the Society for the Propagation of the Gospel in Foreign Parts was one of the proprietors, and John Searls and John Quackenbush two others. That upwards of nine thousand acres of land in Sunderland is yet undivided and common. That on the 26th day of…

1Opinion of the Court

The opinion of the court was delivered by

Bedfield, J.

This is an action of trespass, quare clausum fregit, for entering and cutting timber on lands in Sunderland.

To sustain the action, the plaintiffs must show legal title, or actual possession of the locus in quo.

In proof of title the plaintiffs show that “ The Society for the Propagation of'lhe Gospel in Foreign Parts ” was one of the 68 original proprietors of the town of Sunderland ; that on the 26th of September, 1831, said society, under its corporate seal, executed a power of attorney to Bishop Griswold and others, authorizing them to…

2Cited by6 opinions

  1. Etzler v. EvansIndiana Supreme Court · 1877
  2. Paine & Slocum v. HutchinsSupreme Court of Vermont · 1877
  3. J. H. Silsby & Co. v. KinsleySupreme Court of Vermont · 1915
  4. Gunsolus v. LormerWisconsin Supreme Court · 1882
  5. Rice v. ChaseSupreme Court of Vermont · 1902

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API