Rice v. Chase
Supreme Court of Vermont
Trespass quare ceausum. Plea, the general issue. Heard on a referee’s report and the defendant’s exceptions thereto', at the September Term, 1901, Windham County, Stafford, J., ¡presiding. Exceptions overruled, pro forma, and judgment, pro forma, for the plaintiff. The defendants excepted. In trespass q. c. f. the plaintiff must have either title or possession. Oatmcm v. Ponder, 43 Vt. 462. This plaintiff had neither.
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Trespass quare ceausum. Plea, the general issue. Heard on a referee’s report and the defendant’s exceptions thereto', at the September Term, 1901, Windham County, Stafford, J., ¡presiding. Exceptions overruled, pro forma, and judgment, pro forma, for the plaintiff. The defendants excepted. In trespass q. c. f. the plaintiff must have either title or possession. Oatmcm v. Ponder, 43 Vt. 462. This plaintiff had neither. The quit claim deed from Burnap conveyed nothing as he had nothing to convey. Both parties knew that the grantor had no title. It did not even give color of title. Atkinson v.…
1Opinion of the CourtStanford, J.
These are actions of trespass on the freehold for cutting and removing timber. The locus is a tract of wild unenclosed mountain land in Somerset. Some years ago Rice and Burnap, two old residents of the town familiar with lots and lines in that region, came to the conclusion that here was territory that had never been appropriated, nor covered by any deed, and “feeling,” as the referee explains, “that such a condition of affairs • ought not to exist, they agreed between themselves to appropriate said land and annex it to their own domain.” Eirst they made a survey, so that the land might be…
2Cases cited31 opinions
- Webb v. RichardsonSupreme Court of Vermont · 1869
- Langdon v. TempletonSupreme Court of Vermont · 1893
- Davenport v. NewtonSupreme Court of Vermont · 1898
- Hodges v. EddySupreme Court of Vermont · 1865
- Aldrich v. GriffithSupreme Court of Vermont · 1893
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3Cited by7 opinions
- N.A.S. Holdings, Inc. v. PafundiSupreme Court of Vermont · 1999
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- Neill v. WardSupreme Court of Vermont · 1930
- J. H. Silsby & Co. v. KinsleySupreme Court of Vermont · 1915
- Way v. FellowsSupreme Court of Vermont · 1917
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