Tracy v. Atherton
Supreme Court of Vermont
Trespass on the Freehold. Plea, the general issue and a special plea justifying the trespass under an alleged private right of way, and also a highway. Trial by jury, April Term, 1862, Pierpoint, J., presiding.
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Trespass on the Freehold. Plea, the general issue and a special plea justifying the trespass under an alleged private right of way, and also a highway. Trial by jury, April Term, 1862, Pierpoint, J., presiding. The testimony tended to show that one Penniman was the owner of a piece of land, adjoining the close described in the declaration, from some time prior to the year 1828, until June, 1854, when he sold and conveyed it to one Batehelder; that Batehelder sold and conveyed it to Barber, about the year 1858 ; and that at the time of the committing of the trespasses in question, the…
1Opinion of the Court
Poland, Cir. J.
The great question in this case is, what effect the infancy of the plaintiff has upon the right of way claimed to have been acquired over the plaintiff’s land, by the defendants and their predecessors in title, by prescription, or adverse possession for a period of more than fifteen years. It is now claimed that the jury should have been directed to find on the evidence whether the adverse use of the way began before the land descended to the plaintiff, and should have been in-. structed on the law of the case on the theory of finding that the adverse use began after the land…
2Cases cited2 opinions
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- McFarland v. StoneSupreme Court of Vermont · 1845
3Cited by25 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Steele v. SullivanSupreme Court of Alabama · 1881
- Waterman v. MoodySupreme Court of Vermont · 1918
- Ward v. . WarrenNew York Court of Appeals · 1880
- Barber v. BaileySupreme Court of Vermont · 1912
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