Legal Opinion

Preston v. Robinson & Ross

Supreme Court of Vermont

Decided June 15, 1852PublishedCited by 4 opinions

Trespass quare clausum, fregit. The defendants pleaded liberum tenementium. The plaintiff new assigned, setting out the locus in quo, by abuttals; to which defendants plead the general issue, and trial by jury. The plaintiff, to sustain the issue on his part, offered, in evidence, a deed from Paul Atwood to himself, dated November 20, 1829, of seventy-six acres of lot number 187, in the,town of Huntington, drawn to the right of James Ferris, son of Benjamin Ferris.

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Trespass quare clausum, fregit. The defendants pleaded liberum tenementium. The plaintiff new assigned, setting out the locus in quo, by abuttals; to which defendants plead the general issue, and trial by jury. The plaintiff, to sustain the issue on his part, offered, in evidence, a deed from Paul Atwood to himself, dated November 20, 1829, of seventy-six acres of lot number 187, in the,town of Huntington, drawn to the right of James Ferris, son of Benjamin Ferris. This deed was objected to by the defendants, because it described the lot as being in the town of Huntington, and not in the town…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, J.

This case haying been argued during the pres*589ent week, and the statute giving us no discretion to delay the judgment, we could not be expected to give a very elaborate opinion.

There seems to us to be no very great perplexity in most of the questions involved.

1. We think the copy of the deed from Samuel Atherton to Josiah Preston, must be regarded as properly certified by the town clerk. He certifies the copy to be a true copy of the deed recorded in his office. We think, as it was manifestly his duty to certify a copy of the record, and as…

2Cases cited1 opinion

  1. Clapp v. BeardsleySupreme Court of Vermont · 1828

3Cited by4 opinions

  1. Holden v. LynnSupreme Court of Oklahoma · 1911
  2. Prendergast v. DrewSupreme Court of Connecticut · 1925
  3. Donworth v. SawyerSupreme Judicial Court of Maine · 1900
  4. Perry v. ClarkMassachusetts Supreme Judicial Court · 1892

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