Legal Opinion

Soule v. Barlow

Supreme Court of Vermont

Decided January 15, 1877PublishedCited by 8 opinions

Trespass qua. clau. Plea, general issue, and trial by jury, September Term, 1876, Royce, J., presiding, and verdict and judgment for plaintiff. The acts constituting the alleged trespass were committed on swamp lot 39 in Fairfield. Swamp lots 38, 39, and 40 contained four acres each, were twelve rods wide, and a part of sixty-eight swamp lots that were divided among the original proprietors of the town.

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Trespass qua. clau. Plea, general issue, and trial by jury, September Term, 1876, Royce, J., presiding, and verdict and judgment for plaintiff. The acts constituting the alleged trespass were committed on swamp lot 39 in Fairfield. Swamp lots 38, 39, and 40 contained four acres each, were twelve rods wide, and a part of sixty-eight swamp lots that were divided among the original proprietors of the town. Lot 39 lay between lots 38 on the south and 40 on the north, and was, with them, bounded on the east by the plaintiff’s land, and on the west by a creek All of said lots were low and wet, and…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

As this case now stands, it shows no record evidence of title nor color of title in any one until the record of the assignment to the defendant, March 30, 1840, of the land in question. Nor is there anything in the case that shows who was during the time in question the rightful owner of it, further than as the facts shown tend lo show a right acquired by possession. It is said that the plaintiff introduced a deed from Ool. Barlow, understood to be Bradley Barlow the elder, to Andrew Bradley apparently, with evidence tending to show that it…

2Cases cited4 opinions

  1. Crowell v. BebeeSupreme Court of Vermont · 1837
  2. Wood v. WillardSupreme Court of Vermont · 1864
  3. Buck v. SquiersSupreme Court of Vermont · 1851
  4. Morse v. ChurchillSupreme Court of Vermont · 1869

3Cited by8 opinions

  1. Ricks v. GrubbsTexas Supreme Court · 1948
  2. Satterwhite v. RosserTexas Supreme Court · 1884
  3. Blondin v. BrooksSupreme Court of Vermont · 1910
  4. Laird Properties New England Land Syndicate v. Mad River Corp.Supreme Court of Vermont · 1973
  5. Aldrich v. GriffithSupreme Court of Vermont · 1893

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