Religious Congregational Society v. Baker
Supreme Court of Vermont
This was an action of trespass for breaking and entering a certain rrieeting-house in Bakersfield. Plea not guilty, and trial by jury.
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This was an action of trespass for breaking and entering a certain rrieeting-house in Bakersfield. Plea not guilty, and trial by jury. The plaintiffs, in order to support the issue on their part, introduced testimony tending to prove, that said meetinghouse was built about the year 1830, and was, soon after, dedicated in the usual ¡ manner, and with the usual ceremonies adopted by that body of Christians denominated Congregationalists; that, from the time of the dedication down to the time that the alleged trespass was committed, the plaintiffs had uniformly held their meetings in said house,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action of trespass, quare clausum fregit, for breaking and entering a certain meetinghouse in Bakersfield. To maintain this action, it is necessary that the plaintiffs should have, either the exclusive possession of the locus in quo, or, be the owner thereof, and «no adverse possession im any other person; and this will lead to the enquiry, — in whom was the fee of the place, &c., at the time of the alleged trespass ? or, in whom was the fee, and, in whom was the possession ? The plaintiffs are an organized society, or body…
2Cited by8 opinions
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- Yellow River Railroad v. HarrisSupreme Court of Florida · 1895
- Kellogg v. DickinsonSupreme Court of Vermont · 1846
- Perrin v. GrangerSupreme Court of Vermont · 1860
- Chaplin v. HillSupreme Court of Vermont · 1852
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