Evarts v. Young
Supreme Court of Vermont
Trespass qua. clau. Plea, general issue, and trial by jury, April Term, 1878, Royce, J., presiding. It appeared that the plaintiff and the defendant were owners of adjoining lands.
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Trespass qua. clau. Plea, general issue, and trial by jury, April Term, 1878, Royce, J., presiding. It appeared that the plaintiff and the defendant were owners of adjoining lands. The plaintiff whose land lay south of the defendant’s, had been in possession under claim of ownership since 1824 ; and it appeared that the plaintiff’s brother, through whom the defendant derived title, went into possession at about the same time that the plaintiff did, and continued in possession, under claim of ownership, until his death in 1874. The contention was in regard to the dividing line, the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This is an action of trespass on the freehold. The plaintiff and defendant are proprietors of lands lying contiguously to each other. The contention is in regard to the boundary line between their lands. The plaintiff had been in possession of the land lying south of the disputed line, since 1824, claiming to own it. Anson Evarts, his brother, about the same time went into possession of the land north of the line in dispute, and continued therein to the time of his decease, in 1874, claiming to own it. The defendant derives title through Anson…
2Cases cited6 opinions
- Perkins v. BloodSupreme Court of Vermont · 1863
- Wood v. WillardSupreme Court of Vermont · 1864
- Wood v. WillardSupreme Court of Vermont · 1863
- Kimball v. LaddSupreme Court of Vermont · 1870
- Powers v. SilsbySupreme Court of Vermont · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hathaway v. GoslantSupreme Court of Vermont · 1905