Hubbard v. Ricart
Supreme Court of Vermont
This was an action of trespass for breaking and entering the plaintiffs close, and cutting down and carrying away sundry trees. At the trial in the county court, Prentiss, J. presiding, the plaintiff, after proving that the defendant, in the year 1827, entered upon the lot in question, and cut down and carried off several pine trees, produced in evidence a deed dated November 3, 1825, from Jonathan Hunt and others* heirs of Arad Hunt, conveying the lot to the plaintiff.
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This was an action of trespass for breaking and entering the plaintiffs close, and cutting down and carrying away sundry trees. At the trial in the county court, Prentiss, J. presiding, the plaintiff, after proving that the defendant, in the year 1827, entered upon the lot in question, and cut down and carried off several pine trees, produced in evidence a deed dated November 3, 1825, from Jonathan Hunt and others* heirs of Arad Hunt, conveying the lot to the plaintiff. He then proved that Arad Hunt, who owned and possessed said lot in his life time, died intestate in the year 1825, before…
1Opinion of the Court
After argument,
Hutchinson, C. J.,
after stating the case*pronounced the opinion of the Court. — The county court* in their instructions to the jury on the trial of this cause, must have considered that the plaintiff, in order to maintain this action, must either show a good title in himself, and no person in actual possession, or show actual possession in himself at the time the trespass was committed j and must have further considered the administrator’s lien upon this- and all the lands of the deceased, for the payment of the debts of the deceased, paramount to the plaintiff’s title thus…
2Cited by9 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- McKee v. HoweSupreme Court of Colorado · 1892
- Coolidge v. TaylorSupreme Court of Vermont · 1911
- Roberts v. MorganSupreme Court of Vermont · 1858
- Austin v. BaileySupreme Court of Vermont · 1864
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