Doolittle v. Linsley
Supreme Court of Vermont
MOTION by the defendant for a new trial, founded on exceptions taken at the trial below, and certified to this court as follows: — The cause was trespass, quare clausum fregit. On the trial, it appeared in evidence, that the lot in question was a wood or timber lot, and that no enclosure was made thereon.
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MOTION by the defendant for a new trial, founded on exceptions taken at the trial below, and certified to this court as follows: — The cause was trespass, quare clausum fregit. On the trial, it appeared in evidence, that the lot in question was a wood or timber lot, and that no enclosure was made thereon. The plaintiff gave in evidence,- a survey of the lot (by metes and bounds) dated the 5th of April, 1798, to E. Andrus ; also a deed from E. Andrus to C. Humphrey, dated the 28th of January, 1805; also the record of a judgment, execution, and levy ■of L. & R. Clark against C. Humphrey ; also…
1Opinion of the Court
The opinion of the Court was pronounced by
Skinner, Ch. J.
It has been repeatedly decided by this court, that prior occupancy is sufficient to entitle the person seized to maintain trespass or ejectment against a stranger to the title, and these decisions are conformable to the common law.
The only inquiry in this case is, did the plaintiff show in evidence on trial, a seizen or possession by prior occupancy, of a character which the law will recognize as sufficient to maintain the action ? and did the court, in charge, instruct the jury correctly in that particular ? From the facts reported in…
2Cases cited1 opinion
- Doe ex dem. Pearsal v. ThorpSupreme Court of Vermont · 1797
3Cited by7 opinions
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Spaulding v. WarrenSupreme Court of Vermont · 1853
- Spear v. RalphSupreme Court of Vermont · 1842
- Rice v. ChaseSupreme Court of Vermont · 1902
- Kidder v. KennedySupreme Court of Vermont · 1871
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