Jakeway v. Barrett
Supreme Court of Vermont
This was an action of trespass, for taking and carrying away two stacks of marsh hay. Plea, not guilty, with a notice annexed to the said plea that the defendant would on trial, prove that the hay in question was cut and stacked on the land of the defendant. Trial by the court by the consent of the parties, at the Rutland County Court, September Term, 1864, Kellogg, J., presiding.
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This was an action of trespass, for taking and carrying away two stacks of marsh hay. Plea, not guilty, with a notice annexed to the said plea that the defendant would on trial, prove that the hay in question was cut and stacked on the land of the defendant. Trial by the court by the consent of the parties, at the Rutland County Court, September Term, 1864, Kellogg, J., presiding. It appeared on the trial that the hay in question was cut by the plaintiff on the marsh in or adjoining Lake Champlain, at or near a place called Orton’s Bay, a bay of said Lake in the town of West-haven ; that the…
1Opinion of the Court
The opinion of the court was delivered by
Boland, Ch. J.
The construction placed by the court upon the original survey of the land, (which by a series of conveyances came to the plaintiff,) we think was erroneous.
*323The case of Fletcher v. Phelps, 28 Vt. 257, decided that lands bounded on Lake Champlain extend to the edge of the water at low water mark, and that the same rule applies to lands near the lake bounded on a creek emptying into it, and the waters of which ordinarily maintained the same level, and rise and fall of the lake. Applying the principle of that decision to the facts of this…
2Cases cited6 opinions
- Fletcher v. PhelpsSupreme Court of Vermont · 1856
- Hastings v. WebberSupreme Court of Vermont · 1829
- Whitney v. BowenSupreme Court of Vermont · 1839
- Haven v. NeedhamSupreme Court of Vermont · 1848
- Whitman v. Town of PownalSupreme Court of Vermont · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Delaplaine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Lincoln v. DavisMichigan Supreme Court · 1884
- Hazen v. PerkinsSupreme Court of Vermont · 1918
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Trustees of Schools v. SchrollIllinois Supreme Court · 1887
17 more not listed; retrieve them via the Exa API.