Hale v. Rich
Supreme Court of Vermont
TRESPASS qua. clau. Plea, the general issue. Trial by jury, and verdict and judgment for the plaintiff, April Term, 1875, Royos, J., presiding. It was conceded that the plaintiff was the owner of part of lot No. 10, and the defendants of part of lot No. 1, in the 4th division in Fairfield, at the time of the alleged trespasses; and the question was as to the division line between said lots.
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TRESPASS qua. clau. Plea, the general issue. Trial by jury, and verdict and judgment for the plaintiff, April Term, 1875, Royos, J., presiding. It was conceded that the plaintiff was the owner of part of lot No. 10, and the defendants of part of lot No. 1, in the 4th division in Fairfield, at the time of the alleged trespasses; and the question was as to the division line between said lots. The plaintiff presented a plan of the two lots that was made by one of his attorneys, not a surveyor, and which it was admitted was not made from any survey of the lots. After the plaintiff had testified…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The plan of the two lots, the location of the division line between which was the subject of controversy, was made by the plaintiff’s attorney, not a surveyor, and not from any survey of the lots. The plaintiff testified, and was-uncontra-*224dieted, that “ it was all right, and located the land correctly, as near as he could see.” The defendants excepted to the ruling of the court allowing the plaintiff to use this plan for the purpose of explaining to the jury what his claim was in relation to the location of the lots, and where the division…
2Cases cited3 opinions
- Wood v. WillardSupreme Court of Vermont · 1863
- Burnell v. MaloneySupreme Court of Vermont · 1867
- Davis v. JudgeSupreme Court of Vermont · 1872
3Cited by8 opinions
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- Aldrich v. GriffithSupreme Court of Vermont · 1893
- Marcy v. ParkerSupreme Court of Vermont · 1905
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- Koontz v. KoontzWashington Supreme Court · 1915
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