Davis v. Judge
Supreme Court of Vermont
This was an action of ejectment. Plea, the general issue, and trial by jury, September term, 1871, Ross, J., presiding. The plaintiff, to maintain bis claim of title, gave in evidence various deeds and office copies.
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This was an action of ejectment. Plea, the general issue, and trial by jury, September term, 1871, Ross, J., presiding. The plaintiff, to maintain bis claim of title, gave in evidence various deeds and office copies. The plaintiff’s claim was, and his evidence tended to show, that there was a small piece or strip about 21 feet long, adjoining the defendant’s land on the south, upon which the defendant had erected a barn, the northern foundation wall being over upon the plaintiff’s land 7£ inches at the northeast corner, and 10i inches at the northwest corner; and that the water falling from…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The defendant excepts to the ruling of the court in admitting the deeds, one marked M. from Elijah B. Wales to George W. Esterbrooks ; the other marked N. from said Wales, to John B. Simonds, both dated August 6, 1850. The dispute *505on trial was as to tbe division line running eastwardly and west-wardly between tbe land of tbe' plaintiff and that of tbe defendant. It appears by the exceptions that tbe plaintiff’s land is a portion of wbat was originally the Ball land, lying adjacent to and bordering on tbe defendant’s land — tbe residue of tbe…
2Cases cited1 opinion
- Clark v. ClarkSupreme Court of Vermont · 1835
3Cited by7 opinions
- Hill v. BarnerCalifornia Court of Appeal · 1908
- Porter v. CountsCalifornia Court of Appeal · 1907
- Swerdferger v. HopkinsSupreme Court of Vermont · 1894
- Hale v. RichSupreme Court of Vermont · 1876
- Weidlich v. Independent Asphalt Paving Co.Washington Supreme Court · 1917
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