Brainerd v. Casey
Supreme Court of Vermont
Trespass guare clausum fregit. Plea, the general issue, and trial by jury, September Term, 1864, Aldis, J., presiding. The only question is as to the rule for the taxation of costs.
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Trespass guare clausum fregit. Plea, the general issue, and trial by jury, September Term, 1864, Aldis, J., presiding. The only question is as to the rule for the taxation of costs. On the trial of this case the main dispute was as to the location of the dividing line between the land of the plaintiff and that of the defendant Casey, the question being as to where the east line of a forty acre lot, one-half of which belonged to the plaintiff, ran, going from the north-east corner of said lot southward to the south line. There was no dispute as to the position of said north-east corner. Col.…
1Opinion of the CourtKellogg, J.
The issue in this case, as made by the pleadings, would be sustained on the part of the plaintiff by proof that the defendants had committed acts of trespass on any part of the close described in the declaration to which the plaintiff had the right of title or possession. It was single and distinct. The defendants did not, on the trial, contest or deny the right of the plaintiff to the land lying west of the Leach line, but did deny the fact of any trespass on that land. This denial was not connected with any claim of right on the part of the defendants, either of title or possession to any…
2Cases cited1 opinion
- Powers v. LeachSupreme Court of Vermont · 1850
3Cited by1 opinion
- Ross v. WhiteSupreme Court of Vermont · 1888