Legal Opinion

Beecher v. Parmele

Supreme Court of Vermont

Decided March 15, 1837PublishedCited by 13 opinions

This was an action of trespass on the freehold. Plea, the general issue and trial by jury. The principal question was one of boundary. The lot of land in controversy was called lot No. four, in the second division of lots in Canaan, in said county. It was admitted that plaintiffhad title to the southerly half of said lot, and those, under whom defendants claimed, had title to the northerly half. The whole lot was in a triangular form, nearly equilateral.

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This was an action of trespass on the freehold. Plea, the general issue and trial by jury. The principal question was one of boundary. The lot of land in controversy was called lot No. four, in the second division of lots in Canaan, in said county. It was admitted that plaintiffhad title to the southerly half of said lot, and those, under whom defendants claimed, had title to the northerly half. The whole lot was in a triangular form, nearly equilateral. The parcel of land in immediate controversy, was called by way of distinction, the “ barley piece” and had been first partly cleared by…

1Opinion of the Court

The opinion of the court was delivered by

Redvield, J.

If an entire lot be owned by different proprietors, who are in possession of separate parcels of the lot, and a divisional line is acquiesced in for fifteen years, it is thereby established. If no line of division be in fact drawn, but the parties acquiese in an imaginary line of division, this is the same as if the line had been marked by visible monuments. If a person'own the whole of a lot, and convey a given number of acres oft one end, or one side, this is to be understood by a line parallel to the lot line, If two own a lot in equal…

2Cited by13 opinions

  1. Miller-Brent Lumber Co. v. StewartSupreme Court of Alabama · 1909
  2. Pickett v. NelsonWisconsin Supreme Court · 1888
  3. Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
  4. Abbott v. WalkerMassachusetts Supreme Judicial Court · 1910
  5. Mussey v. ScottSupreme Court of Vermont · 1859

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