Legal Opinion

Wood v. Willard

Supreme Court of Vermont

Decided February 15, 1863PublishedCited by 10 opinions

Trespass in two counts, — quare clausum and cutting trees, and de bonis asportatis for the same property. Plea not guilty, and trial by jury, December Term, 1861, Barrett,'J., presiding. Upon trial tlie matter in controversy was as to the dividing line between lands owned by the plaintiffs and lands owned by James N. Willard, one of the defendants.

Read the full summary

Trespass in two counts, — quare clausum and cutting trees, and de bonis asportatis for the same property. Plea not guilty, and trial by jury, December Term, 1861, Barrett,'J., presiding. Upon trial tlie matter in controversy was as to the dividing line between lands owned by the plaintiffs and lands owned by James N. Willard, one of the defendants. The plaintiffs claimed title to the land in dispute by virtue of a deed from David H. Sumner to them, dated April 24, I860. During the trial the plaintiffs offered to prove by the testimony of Loyal M. Wood, one of the plaintiffs, that on the day…

1Opinion of the Court

Poland, Ch. J.

The plaintiffs and defendant Willard were proprietors of adjoining lands and the whole controversy between them in this suit jvas as to the location of the division line between their lands. Upon the trial one of the plaintiffs, against the defendants objection, was allowed to testify to the declaration of Sumner his grantor, made at the time of his purchase1, as to the true location of the line; that it was where the plaintiffs now claim it. It hardly needs to be said that as a general rule the law will not permit a party to prove his own declarations in his own favor, neither…

2Cases cited4 opinions

  1. Town of Northfield v. Town of PlymouthSupreme Court of Vermont · 1848
  2. Beecher v. ParmeleSupreme Court of Vermont · 1837
  3. Connecticut & Passumpsic Rivers Railroad v. BaxterSupreme Court of Vermont · 1860
  4. Carpenter v. HollisterSupreme Court of Vermont · 1841

3Cited by10 opinions

  1. Burton v. StateSupreme Court of Alabama · 1896
  2. Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
  3. Hathaway v. GoslantSupreme Court of Vermont · 1905
  4. State v. MeaderSupreme Court of Vermont · 1881
  5. Hale v. RichSupreme Court of Vermont · 1876

5 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