Executors of Stevens v. Hollister
Supreme Court of Vermont
Trespass qitare clausum fregit. Plea, the general issue, with notice, and also plea of license, and trial by jury, — Williams, Ch. J., presiding.
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Trespass qitare clausum fregit. Plea, the general issue, with notice, and also plea of license, and trial by jury, — Williams, Ch. J., presiding. On trial the plaintiffs gave evidence, proving, that, on the 30th day of September, 1802, one Oliver Hawks surveyed and laid out to John Stark, one of the original proprietors of the town of Pawlet, fifty acres of land, the survey bill of which was recorded in the town records of Pawlet the same day, and that Stark entered immediately into possession of the same land, under the survey, and that the survey covered the land claimed by the-plaintiffs…
1Opinion of the Court
*298The opinion of the court was delivered by
Redfield, J.
The general rule of law, in regard to the right of the disseizee to maintain trespass quare clausum fregit against the disseizor, seems to be well enough settled; and the counsel for the plaintiff has not attempted to unsettle it. It is thus laid down by Blackstone, [3 Bl. Com. 210;] “Though a disseizee might have it [the action of trespass qu. cl. freg.~\ against the disseizor for the injury done by the disseizin itself, at which time the plaintiff was seized of the land, but he cannot have it for any act done after the disseizin, until he…
2Cited by13 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Evitts v. RothTexas Supreme Court · 1884
- Langdon v. TempletonSupreme Court of Vermont · 1893
- Green v. IrvingMississippi Supreme Court · 1877
- Lippett v. KelleySupreme Court of Vermont · 1874
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