Legal Opinion

Atkinson v. Patterson

Supreme Court of Vermont

Decided March 15, 1874PublishedCited by 2 opinions

Trespass for cutting trees and timber and peeling bark on the westerly half of hundred-acre lot No. 73 in Newbury, that half thereof being wild and unimproved land. Trial by jury, December term, 1871, Peck, J., presiding.

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Trespass for cutting trees and timber and peeling bark on the westerly half of hundred-acre lot No. 73 in Newbury, that half thereof being wild and unimproved land. Trial by jury, December term, 1871, Peck, J., presiding. The plaintiff introduced in evidence the original charter of said town, granted by the governor of New York, dated the 19th of March, 1772, in which, among other things, it appeared that Jacob Bailey and twenty-four others were the grantees of said township. It was conceded by counsel on both sides, that the town of Newbury was chartered by the governor of the province of…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

It does not seem needful, in view of the manner in which the case was disposed of in the county court, to elaborate the propositions of law upon which our conclusions are based. From what is presented to us, it seems plain that the lot in question was, in fact, divided and allotted in the original division' and allotment of the town '; and so, in no sense, does it come within the designation of undivided lands. The evidence tended to show, and it was sufficient to warrant the jury in finding conclusively, that it was allotted to the right of…

2Cases cited3 opinions

  1. Doolittle v. LinsleySupreme Court of Vermont · 1827
  2. Kidder v. KennedySupreme Court of Vermont · 1871
  3. Hapgood v. BurtSupreme Court of Vermont · 1832

3Cited by2 opinions

  1. Trufant v. White & Co.Supreme Court of Alabama · 1892
  2. Wells v. AustinSupreme Court of Vermont · 1886

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