Ralph v. Bayley
Supreme Court of Vermont
Trespass for breaking and entering plaintiff’s close, being lot No. 62, in the first division of lands in Warren, and cutting timber thereon. Plea, not guilty, with notice of special matter. Issue to the country.
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Trespass for breaking and entering plaintiff’s close, being lot No. 62, in the first division of lands in Warren, and cutting timber thereon. Plea, not guilty, with notice of special matter. Issue to the country. Upon the trial in the county court, the plaintiff gave in evidence a deed of the lot in question from Smith, Booth & Ufford to the plaintiff, dated June 10th, 1836, and recorded in September, 1836. The plaintiff also introduced testimony tending to prove that in July, 1837,. he commenced clearing ten acres of said lot; that in the summer of that year he chopped down .the trees…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think there was error in the charge of the court, as applied to this case. The case shows that Araunah Spear received a deed of the lot in question from Daniel Spencer, in July, 1836, and the deed was put on record in August following, and that the said Araunah immediately entered into possession, claiming title to the whole lot under his deed, and commenced a clearing and chopped over about one acre, and that, in August or September, 1837, he caused the clearing of this acre tobe completed.— It appears, also, that evidence was given to…
2Cited by8 opinions
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Laird Properties New England Land Syndicate v. Mad River Corp.Supreme Court of Vermont · 1973
- Green v. IrvingMississippi Supreme Court · 1877
- Hodges v. EddySupreme Court of Vermont · 1865
- Aldrich v. GriffithSupreme Court of Vermont · 1893
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