Hubbard v. Austin
Supreme Court of Vermont
This was an action of trespass on the freehold. Plea general issue, and trial by jury. The trespass was alleged to have been committed on lot No. 2, range 2, in the town of Franklin, supposed to contain one hundred and forty acres. On the trial in the county court, the plaintiff, in order to show title to said lot, gave in evidence the charter of said Franklin, dated March 19th, 1789, by which it appears that the plaintiff was an original proprietor.
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This was an action of trespass on the freehold. Plea general issue, and trial by jury. The trespass was alleged to have been committed on lot No. 2, range 2, in the town of Franklin, supposed to contain one hundred and forty acres. On the trial in the county court, the plaintiff, in order to show title to said lot, gave in evidence the charter of said Franklin, dated March 19th, 1789, by which it appears that the plaintiff was an original proprietor. The plaintiff then offered a book, purporting to be the records of the original proprietors, to show a division of the lands into severalty,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
Two questions are presented in this case, one on the admission of the book purporting to be records of the original proprietors, the other on the charge of the court.
The book was not evidence of a legal division. The proprietors were not a corporation before the date of their charter. But as a division in fact, it was properly admitted. It was not uncommon for proprietors to petition for a grant of land under the authority of the state, and,on a resolution being passed in favor of the grant, to act as proprietors and make division of…
2Cited by4 opinions
- Sullivan v. . SullivanNew York Court of Appeals · 1876
- Cain v. FisherWest Virginia Supreme Court · 1905
- State ex rel. DawsonSupreme Court of Alabama · 1864
- Garrett v. RamseyWest Virginia Supreme Court · 1885