Legal Opinion

Campbell v. Bateman

Supreme Court of Vermont

Decided January 15, 1827PublishedCited by 6 opinions

THIS cause came before the court on a motion by the plaintiff to set aside a non-suit, by him entered at the last term of Rutland county court. It was predicated upon the following case, agreed upon by the parties, and with the record certified to this Court.

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THIS cause came before the court on a motion by the plaintiff to set aside a non-suit, by him entered at the last term of Rutland county court. It was predicated upon the following case, agreed upon by the parties, and with the record certified to this Court. This was an action of ejectment, commenced 3d of April, 1824. The defendant’s title to seventy acres of land, off the north end of the plaintiff’s original farm, to be bounded on the south by an east and west line, and the plaintiff’s title to the land south of, and adjoining the said seventy afc.res, were-both admitted. The title of the…

1Opinion of the Court

The opinion of the court was delivered by

Skinner, Ch. J.

The material facts in the case are, the plaintiff is the proprietor of a farm of land, situate south of, and adjoining lands of the defendant. In 1821, the defendant erected a rail fence on what he claimed as the line between them. In 1822, the parties mutually agreed upon the line a little north of the fence so erected by the defendant, and the plaintiff has since, by mutual consent, occupied the strip between the line upon which the defendant erected the fence, and the line agreed upon. The parties then agreed on the division of the…

2Cases cited1 opinion

  1. Jackson ex dem. Livingston v. NivenNew York Supreme Court · 1813

3Cited by6 opinions

  1. Camp v. CampSupreme Court of Vermont · 1887
  2. Chamberlin v. DonahueSupreme Court of Vermont · 1868
  3. Smith v. BullockSupreme Court of Vermont · 1844
  4. Dwight v. EastmanSupreme Court of Vermont · 1890
  5. Chamberlin v. Estate of ChamberlinSupreme Court of Vermont · 1844

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