Legal Opinion

Powers v. Dennison

Supreme Court of Vermont

Decided August 15, 1858PublishedCited by 23 opinions

Trespass for entering the plaintiff’s close and removing a house. Plea, the general issue, with a notice that the defendants would rely upon the fact that the house belonged to the defendants and that they had a right to remove it, etc. The case was tried by jury, at the June Term, 1857, — Poland, J., presiding.

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Trespass for entering the plaintiff’s close and removing a house. Plea, the general issue, with a notice that the defendants would rely upon the fact that the house belonged to the defendants and that they had a right to remove it, etc. The case was tried by jury, at the June Term, 1857, — Poland, J., presiding. The facts in the case, the request of the plaintiff to the court to charge the jury, and the charge of the court, are sufficiently set forth in the opinion of the court. The jury returned a verdict for the defendants, under the charge of the court, to which, and the refusal of the…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, J.

This was an action of tresspass for breaking and entering the plaintiff’s close, and removing a house.

It appears from the case, that in the fall of 1849, one Aaron Smith was the owner of the land from which the house in question was removed; that said Smith then verbally licensed the defendants Dennison, and the Watsons to erect said house on his land, to be *754removed at any time when said Smith should give them there months notice to do so.

That said defendant Aliard, as the servant of the other defendants, in December; 1849, erected said…

2Cases cited3 opinions

  1. Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
  2. Prince v. CaseSupreme Court of Connecticut · 1835
  3. Rublee v. MeadSupreme Court of Vermont · 1830

3Cited by23 opinions

  1. Clayton v. LienhardSupreme Court of Pennsylvania · 1933
  2. Union Bank & Trust Co. v. Fred W. Wolf Co.Tennessee Supreme Court · 1904
  3. Little v. WillfordSupreme Court of Minnesota · 1883
  4. Burbridge v. TherrellSupreme Court of Florida · 1933
  5. Rowand v. AndersonSupreme Court of Kansas · 1885

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