Legal Opinion

Hodges v. Eddy

Supreme Court of Vermont

Decided November 15, 1868PublishedCited by 8 opinions

Ejeotment. Plea, the general issue. Trial by jury, September term, 1866, Rutland county, Steele, J., presiding. Verdict for the plaintiff. The controversy was about the division line between the plaintiff’s farm and the farm north of it owned by the defendant. Both farms have been occupied since before 1819. Both parties derive title from the same source.

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Ejeotment. Plea, the general issue. Trial by jury, September term, 1866, Rutland county, Steele, J., presiding. Verdict for the plaintiff. The controversy was about the division line between the plaintiff’s farm and the farm north of it owned by the defendant. Both farms have been occupied since before 1819. Both parties derive title from the same source. The eviction was of a slip of land adjacent to the western eighty rods of the line in question, and the recovery limited thereto. The plaintiff’s testimony tended to show that the line he claimed was the original line by the deeds and that…

1Opinion of the Court

The opinion of the court was delivered by

PierpoiNT, C. J.

This was an action of ejectment brought to ' recover a strip or piece of land that lies upon or adjoining the line that divides the farms that are owned and occupied by the respective parties to this suit.

Upon the trial in the county court the jury found that prior to March 28, 1850, Silas W. Hodges, the plaintiff’s grantor, had been in the actual adverse possession and occupation of the land in dispute for more than fifteen years, so that ho had thereby acquired a title thereto, and become the owner thereof.

The title to the premises in…

2Cases cited2 opinions

  1. Tracy v. AthertonSupreme Court of Vermont · 1863
  2. Austin v. BaileySupreme Court of Vermont · 1864

3Cited by8 opinions

  1. Rennert v. ShirkIndiana Supreme Court · 1904
  2. Barnard v. BrownMichigan Supreme Court · 1897
  3. Aldrich v. GriffithSupreme Court of Vermont · 1893
  4. Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
  5. Chase v. CochranSupreme Judicial Court of Maine · 1907

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