Boothe v. Town of Coventry
Supreme Court of Vermont
This was an action of ejectment, which came up from the county court upon the following bill of exceptions, to wit : “ The was ejectment for the south east quarter of lot no. 138, in Coventry, comtaining thirty two acres.
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This was an action of ejectment, which came up from the county court upon the following bill of exceptions, to wit : “ The was ejectment for the south east quarter of lot no. 138, in Coventry, comtaining thirty two acres. The paper title of the plaintiff was not questioned ; and the parties, by mutual consent, waived any enquiry, whether the plaintiff’s intestate had done any acts, or made any declarations, signifying his acquiescence in a division of the town, made many years since, severing this lot to the public right, under which the defendants claimed to hold it. And no attempt was made…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.— The facts, stated in the bill of exceptions before us, would present ,a clear case of fifteen years adverse possession, if the question arose between individuals merely, and the testimony gained credit with the jury. There appears to have been evidence tending to show that the defendant, and those under whom he claimed the premises, had been in possession more than fifteen years, paying rent to the town of Coventry, and considering this as being a lot belonging to one of the public rights of the town. But the plaintiff’s counsel strongly…
2Cited by1 opinion
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