Barber v. Vinton
Supreme Court of Vermont
Trespass Qua re Clausum. Plea, the general issue with notice. Trial by jury at the April Term, 1908, Windham County, Powers, J., presiding. Verdict directed for defendant, and judgment thereon. The plaintiff excepted. Plaintiff acquired title to the premises described in the declaration by a decree of foreclosure of two mortgages that were duly assigned to him by Catherine Sears, the legal owner thereof.
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Trespass Qua re Clausum. Plea, the general issue with notice. Trial by jury at the April Term, 1908, Windham County, Powers, J., presiding. Verdict directed for defendant, and judgment thereon. The plaintiff excepted. Plaintiff acquired title to the premises described in the declaration by a decree of foreclosure of two mortgages that were duly assigned to him by Catherine Sears, the legal owner thereof. The trespasses complained of were committed after said decree became absolute, and consisted of entering the premises and thereon surveying and laying out certain roads. It appeared that…
1Opinion of the Court
Munson, <T.
This suit is brought in the right of Catherine Sears, who held a mortgage of the premises entered by the defendants. The record of the proceedings establishing the highway recites that the action of the selectmen was taken £ £ after due hearing” on the question of public convenience, and that a hearing as to land damages was afterwards had. The record contains nothing further bearing upon the question of notice. A certified copy of the record was received in evidence against the plaintiff’s objection that it failed to show that Catherine Sears had notice of the proceedings. The…
2Cases cited20 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Bennecke v. Insurance Co.Supreme Court of the United States · 1882
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- California Southern Hotel Co. v. CallenderCalifornia Supreme Court · 1892
- Corliss v. CorlissSupreme Court of Vermont · 1836
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3Cited by14 opinions
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
- Rogers v. WhitneySupreme Court of Vermont · 1917
- West River Power Co. v. BussinoSupreme Court of Vermont · 1940
- Bessette v. GoddardSupreme Court of Vermont · 1913
- Foundry Manufacturing Co. v. FarrSupreme Court of Vermont · 1923
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