Smith v. Vermont Marble Company

The action is ejectment for a piece of quarry land in the town of Pittsford. The defendant’s answer contains the general issue and asserts title by adverse possession. The trial below was before a referee, on whose report judgment was rendered for the recovery of a part, only, of the premises in question. The plaintiff brings the case here on exceptions. The case was argued in this Court at the May Term, 1923, and when, at our last May Term, an opinion was handed down which reversed and remanded the case, the defendant filed a motion for reargument. In due course, this motion was granted, and…