Morse v. Ranno
Supreme Court of Vermont
Trespass for cutting down and removing a fence built by the plaintiff. Plea, the general issue, and notice; trial by jury at the December Term, 1859, — Pierpoint, J., presiding.
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Trespass for cutting down and removing a fence built by the plaintiff. Plea, the general issue, and notice; trial by jury at the December Term, 1859, — Pierpoint, J., presiding. The plaintiff’s evidence tended to show that the defendants cut down and removed a fence built by him, west of his house, on premises which he owned and occupied ; that this fence was on or near the east line of the highway leading from Salisbury to Brandon, and on or near the south line of the highway leading from the dwelling house of Charles Church to Leicester meeting house. The deed to the plaintiff of the…
1Opinion of the CourtAldis, J.
This case was submitted upon the briefs of the counsel, and we notice therefore only the points made by the excepting party.
I. It is claimed that the charge of the court was erroneous upon the subject of dedication, in this, that, as it was a conceded fact that the ground in controversy had been used as a common for forty or fifty years, no other act of dedication was necessary.
We think what is here claimed as a conceded fact does not appear to have been either conceded or proved, or that there was .even any evidence tending to show that it had been used as a common by the public.
It was…
2Cited by14 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Community Feed Store, Inc. v. Northeastern Culvert Corp.Supreme Court of Vermont · 1989
- Smith v. GardnerOregon Supreme Court · 1885
- White v. BradleySupreme Judicial Court of Maine · 1876
- Gore v. BlanchardSupreme Court of Vermont · 1922
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