Child v. Kingsbury
Supreme Court of Vermont
Trespass qua. clau. Plea, the general issue, and trial by jury, September term, 1872, Ross, J., presiding. The parties were owners of adjoining lots, except four acres and a half reserved from the plaintiff’s lot by Benjamin Hinman, as hereafter stated, and the question was as to the location of the division line between said lots.
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Trespass qua. clau. Plea, the general issue, and trial by jury, September term, 1872, Ross, J., presiding. The parties were owners of adjoining lots, except four acres and a half reserved from the plaintiff’s lot by Benjamin Hinman, as hereafter stated, and the question was as to the location of the division line between said lots. It appeared that prior to 1800, said Hinman was the owner of both lots, having acquired title to the plaintiff’s lot from the original proprietor; that on the 14th of December, 1822, he conveyed said last-mentioned lot, by warranty deed, to Joel S. Richardson, “…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
I. The plaintiff’s counsel insists that there was error in admitting evidence of declarations of Benjamin Hinman and Charles Kingsbury, deceased, because their knowledge of the line about which their declarations were made, was not sufficient, and because they were interested about it. The case shows that the plaintiff admitted on trial that both these persons, were well acquainted with the original lot lines in Derby, and especially acquainted with the lots in controversy at a very early period. The case also shows that each had owned land…
2Cases cited4 opinions
- Clark v. TaborSupreme Court of Vermont · 1856
- Miller v. WoodSupreme Court of Vermont · 1872
- Kidder v. KennedySupreme Court of Vermont · 1871
- Oatman v. AndrewSupreme Court of Vermont · 1871
3Cited by10 opinions
- Taylor v. Henderson and SmithSupreme Court of Vermont · 1941
- Davenport v. NewtonSupreme Court of Vermont · 1898
- Turgeon v. WoodwardSupreme Court of Connecticut · 1910
- Hathaway v. GoslantSupreme Court of Vermont · 1905
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
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