Sheldon v. Perkins
Supreme Court of Vermont
Trespass, for breaking and entering the plaintiff’s close, in Fair-haven, on the 15th December, 1857, and cutting and carrying away certain trees therefrom. The plaintiff’s writ was dated the 23d of January, 1858. Plea, not guilty, with notice, setting forth certain special matter relied on in defence. Trial by jury at the September Term, 1864, Kellogg, J., presiding.
Read the full summary
Trespass, for breaking and entering the plaintiff’s close, in Fair-haven, on the 15th December, 1857, and cutting and carrying away certain trees therefrom. The plaintiff’s writ was dated the 23d of January, 1858. Plea, not guilty, with notice, setting forth certain special matter relied on in defence. Trial by jury at the September Term, 1864, Kellogg, J., presiding. On trial, tho title of the plaintiff to a lot of land in Fairhaven called the Sheldon lot, was fully established, and was not questioned; and the title of Laura Perkins, a daughter of the defendant, to a lot of land in Fairhaven…
1Opinion of the Court
Poland, Ch. J.
The general doctrine of the judge’s charge, that if the line to which the plaintiff claims had been recognized, treated and acquiesced in for a continuous period of fifteen years, by the plaintiff on.qne side, and the predecessors in title of the defendant. *556or his daughter on the other, that the line would thereby become, established and binding between them, is not denied by the defendant’s counsel to be the law. The alleged error of the court below consists in not acceding to the defendant’s request to charge. The request assumes facts as true which the exceptions do not show…
2Cited by11 opinions
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Bellows Falls Village Corp. v. State Highway BoardSupreme Court of Vermont · 1963
- Carpenter v. WilleySupreme Court of Vermont · 1892
- Pocket v. AlmonSupreme Court of Vermont · 1916
- Luther Baker & Sons v. ShermanSupreme Court of Vermont · 1899
6 more not listed; retrieve them via the Exa API.