Clark v. Tabor
Supreme Court of Vermont
Ejectment to recover a'piece of land claimed as a part of lot No. 2, on Hog Island. Plea, the general issue; trial by jury, April Term, 1851, — Pierpoint, J., presiding. It was admitted, on trial, that the plaintiff was the owner of lot No. 2, and the defendant of lot No. 3, on Hog Island, in the town of Swanton.
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Ejectment to recover a'piece of land claimed as a part of lot No. 2, on Hog Island. Plea, the general issue; trial by jury, April Term, 1851, — Pierpoint, J., presiding. It was admitted, on trial, that the plaintiff was the owner of lot No. 2, and the defendant of lot No. 3, on Hog Island, in the town of Swanton. The plaintiff introduced evidence tending to prove that the defendant, at the commencement of the suit, was in possession of part of lot No. 2, as originally surveyed, being the land described in the declaration. The defendant introduced evidence tending to prove that the line…
1Opinion of the Court
*225The opinion of the court was delivered by
Redeield, Ch. J.
The controversy in the present case is one very common and very perplexing, and one of very uncertain issue before a jury, — and one that ought not, for these reasons among many, to be revived, except upon the most satisfactory grounds.
The first inquiry upon the exceptions is, whether the case was properly tried in the court below. We must first inquire what was the state of the evidence, upon the former trial, as detailed in the bill of exceptions. And, while we always feel justified in giving the statement of the case every reasonable…
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