Legal Opinion

Webb v. Richardson

Supreme Court of Vermont

Decided August 15, 1869PublishedCited by 27 opinions

Trespass, q. c.f. Plea, the general issue. Trial by jury, September term, 1868, Steele, J., presiding. Special verdict for the defendant. Exceptions by the plaintiff.

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Trespass, q. c.f. Plea, the general issue. Trial by jury, September term, 1868, Steele, J., presiding. Special verdict for the defendant. Exceptions by the plaintiff. This suit was commenced January 38, 1866. The land in question is lot 64, 2d div., Brunswick, except the north twenty acres. . It was agreed that the plaintiff was in possession of the premises in 1865, when the defendant entered and cut timber thereon to the value of $22.37, and that if the plaintiff should recover he should recover that sum with interest from the date of the writ. The plaintiff did not claim to hold the land…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The ground of objection on the part of the plaintiff to the deposition of Henry W. Booth was, as the case states, “the lack of substance.” The import of this objection is that the facts testified to by the deponent were not material to the case, or that they had no legal tendency to establish the defendant’s title. In •this sense the objection is without foundation. It appeared that Elisha Sill was the original proprietor of lot No. 64 in question, and that he deeded it to Reuben Booth, October 31,1765, and that Henry W. Booth deeded it to the…

2Cited by27 opinions

  1. Alston v. AlstonSupreme Court of Iowa · 1901
  2. Roebke v. AndrewsWisconsin Supreme Court · 1870
  3. Amey v. HallSupreme Court of Vermont · 1962
  4. Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
  5. Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929

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