Kane's Adm'r v. Garfield
Supreme Court of Vermont
Trespass quare clausum and trover. Heard on a referee’s report, Caledonia County Court, December Term, 1886, Powers, J., presiding. Judgment pro forma for the plaintiff. No question was made about the title of Ann E. Kane’s estate to some five and a half lots in the town of Newark.
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Trespass quare clausum and trover. Heard on a referee’s report, Caledonia County Court, December Term, 1886, Powers, J., presiding. Judgment pro forma for the plaintiff. No question was made about the title of Ann E. Kane’s estate to some five and a half lots in the town of Newark. It appeared from the report that the defendants went upon one or more of the eight lots which were not allotted to proprietors by the original allotment of the town, and cut and carried off a quantity of timber. The committee appointed by the legislature to expend the tax, made oath before a justice of the peace,…
1Opinion of the Court
*85The opinion of tbe court was delivered by
Royce, Ch. J.
This was an action of trespass quare clausum and trover, and was heard on the report of a referee.
The town of Newark was laid out into seventy-eight lots ; sixty-five were allotted to individual proprietors, and eight were unappropriated and were owned in common by the proprietors. The plaintiff’s intestate owned five and one-half of the lots that were allotted to the proprietors. The trespasses complained of were committed upon some portion of the unappropriated land.
It is not now claimed that the defendants acquired any title by virtue…
2Cases cited3 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Spear v. DittySupreme Court of Vermont · 1837
- Spear v. DittySupreme Court of Vermont · 1836