Edwards v. Roys
Supreme Court of Vermont
Trespass quart clausum frcgit. Plea, the general issue, with notice that the defendant would prove, in defence, that the title to the locus in quo, previous to the time of the commission of the supposed trespasses, was in one Ebenezer Parkhurst, and was conveyed by him to Darius Spaulding and Allen Spaulding, and that the alleged acts of trespass were committed by the defendant by their license and permission. Trial by jury, — Redfield, J., presiding.
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Trespass quart clausum frcgit. Plea, the general issue, with notice that the defendant would prove, in defence, that the title to the locus in quo, previous to the time of the commission of the supposed trespasses, was in one Ebenezer Parkhurst, and was conveyed by him to Darius Spaulding and Allen Spaulding, and that the alleged acts of trespass were committed by the defendant by their license and permission. Trial by jury, — Redfield, J., presiding. On trial the plaintiff gave in evidence a deed of the premises to himself from Rufus Hutchinson, Araunah Spear and Ebenezer Brackett, conveying…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action of trespass for cutting timber on a lot of land in Roxbury. The plaintiff 'was in possession of *478the locus in quo, though not in the actual use and opcupation of the place, where the trespass was committed. This possession undoubtedly gave him a right to recover against any one, but the true owner, or some one acting under him, or by his permission. The case itself presents but two questions, — First, The effect of the judgment recovered by Parkhurst against the plaintiff, Edwards, and, Second, The effect of the deed…
2Cases cited1 opinion
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
3Cited by5 opinions
- Hentig v. ReddenSupreme Court of Kansas · 1891
- White v. FullerSupreme Court of Vermont · 1865
- Cheney v. CheneySupreme Court of Vermont · 1854
- Hall v. WestcottSupreme Court of Rhode Island · 1886
- Harvey v. Doe ex dem. CarlisleSupreme Court of Alabama · 1853