Booth v. Adams
Supreme Court of Vermont
This was an action of trespass, for cutting down and carrying away plaintiffs grass, and removing his rails. On the trial in the county court, the plaintiff introduced testimony tending to show, that, at the time the trespass was alleged to haye been committed, he was in possession of a fifty acre lot in the town of Addison, on which were the rails, made up into fence, and the grass in question; and that he had for five or six years previous to that time possessed and…
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This was an action of trespass, for cutting down and carrying away plaintiffs grass, and removing his rails. On the trial in the county court, the plaintiff introduced testimony tending to show, that, at the time the trespass was alleged to haye been committed, he was in possession of a fifty acre lot in the town of Addison, on which were the rails, made up into fence, and the grass in question; and that he had for five or six years previous to that time possessed and occupied said lot, claiming it as his own; that he had enclosed the whole lot by a good fence, and had made a division fence…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
A division of common land among the proprietors, however informal, if acquiesced in -for fifteen years, has always been considered, in this state, equivalent to a le*160gal division. But this must be a division in fact of the land, either by visible lines and monuments, or by possession under a claim of distinct and clearly defined parcels. No length of time of acquiescence, in an agreement to hold in a certain manner, has yet been holden binding upon the proprietors, unless there had, in fact, been a division of the land.
Hence, the severance…
2Cases cited1 opinion
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
3Cited by8 opinions
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
- Berry v. SeawallCourt of Appeals for the Sixth Circuit · 1895
- Wait v. RichardsonSupreme Court of Vermont · 1860
- Stanley v. StanleySupreme Court of Vermont · 2007
- King v. PhillipsNew York Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.