Legal Opinion

Pratt v. Battels

Supreme Court of Vermont

Decided March 15, 1856PublishedCited by 6 opinions

Trespass for taking a quantity of wood. Plea, tbe general issue; trial by jury, January Term, 1856, — Underwood, J., presiding.

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Trespass for taking a quantity of wood. Plea, tbe general issue; trial by jury, January Term, 1856, — Underwood, J., presiding. The plaintiff claimed title to the land on which the wood was cut, under a deed from her father to her before her marriage with Charles Pratt, in 1804, the said Charles having died in 1848. It appeared that in 1807 the said Charles and the plaintiff executed a deed of the premises to a person under whom, as well as under a vendue title, other persons now claimed to hold the premises, but the deed had no certificate of its having been acknowledged by the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Ishabi, J.

Several questions have been raised during the argument of this case, some of which, it is unnecessary, at present, to decide. If the plaintiff’s title to this land is sufficient to enable her to recover its possession in the action of ejectment, yet, as those under whom the defendant acted were, and for a long .time had been in the actual adverse possession of the premises, she cannot sustain an action of trespass on the freehold for cutting the trees from which the wood in question was derived. Whether her title to the land would vest in her…

2Cases cited1 opinion

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828

3Cited by6 opinions

  1. Heaton v. FrybergerSupreme Court of Iowa · 1874
  2. Langdon v. TempletonSupreme Court of Vermont · 1888
  3. Walston v. SmithSupreme Court of Vermont · 1895
  4. Muir v. BissettSupreme Court of Vermont · 1880
  5. Heaton v. FrybergerSupreme Court of Iowa · 1874

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