Smith v. Bullock
Supreme Court of Vermont
Ejectment for lands in Barre. Plea, the general issue, and trial by the jury. The plaintiff introduced testimony tending to prove that, in the year 1839, a controversy arose between the parties in reference to the same land now in dispute, — the plaintiff claiming that the defendants had included a strip of his land in their inclosure, — and that the plaintiff then commenced an action of ejectment against the defendants therefor, which action was entered in court, and…
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Ejectment for lands in Barre. Plea, the general issue, and trial by the jury. The plaintiff introduced testimony tending to prove that, in the year 1839, a controversy arose between the parties in reference to the same land now in dispute, — the plaintiff claiming that the defendants had included a strip of his land in their inclosure, — and that the plaintiff then commenced an action of ejectment against the defendants therefor, which action was entered in court, and continued; that the parties then, by parol, submitted the controversy to arbitrators; that the arbitrators decided that the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
It was long since decided in this State, that a mere parol agreement, (not in writing,) in regard to the division line of adjoining proprietors, unless followed by an acquiescence of fifteen years, was not conclusive between the parties. Campbell v. *594Bateman, 2 Aik. 177. White v. Everest, 1 Vt. 181. In the latter case it seems to have been considered by the court that such an agreement, acquiesced in for a less term than fifteen years, was evidence to go to the jury, as tending to show the true boundary. This rule is contrary to that which…
2Cases cited5 opinions
- Rockwell v. AdamsNew York Supreme Court · 1827
- Gray v. BerrySuperior Court of New Hampshire · 1838
- Campbell v. BatemanSupreme Court of Vermont · 1827
- Sawyer v. FellowsSuperior Court of New Hampshire · 1833
- White v. EverestSupreme Court of Vermont · 1828
3Cited by3 opinions
- Amey v. HallSupreme Court of Vermont · 1962
- Camp v. CampSupreme Court of Vermont · 1887
- Shores v. BellSupreme Court of Vermont · 1885