Paine & Slocum v. Hutchins
Supreme Court of Vermont
Trespass qua. clau., counting upon s. 51, c. 113, Gen. Sts., for cutting timber on lots Nos. 5 and 6 in Avery’s Gore. Plea, the general issue, and trial by jury, April Term, 1876, Royce, J., presiding. Plaintiffs claimed to own the whole of said gore, and introduced evidence showing color of title but not legal title thereto.
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Trespass qua. clau., counting upon s. 51, c. 113, Gen. Sts., for cutting timber on lots Nos. 5 and 6 in Avery’s Gore. Plea, the general issue, and trial by jury, April Term, 1876, Royce, J., presiding. Plaintiffs claimed to own the whole of said gore, and introduced evidence showing color of title but not legal title thereto. It appeared that they had surveyed some of the outside lines of the lots in question in surveying the lines of the gore, and perhaps other lines of them in running out lots, and that they had paid taxes on them, that they had leased, and since the commis sion of the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The plaintiffs showed no legal title and right to the locus in quo, but did show color of title. -Their right to maintain the action must depend, therefore, upon possession. The acts claimed to be trespasses were committed on lots Nos. 5 and 6, and the question is, whether the plaintiffs had such possession of those lots as is necessary.
The plaintiffs’ evidence tended to show that they had surveyed some of the outside lines of these lots in surveying the outside lines of the gore, and perhaps .some other lines of them in running out lots,…
2Cases cited6 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Webb v. RichardsonSupreme Court of Vermont · 1869
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Jackson ex dem. Ten Eyck v. RichardsNew York Supreme Court · 1827
- Oatman v. FowlerSupreme Court of Vermont · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Dean v. GoddardSupreme Court of Minnesota · 1893
- Murphy v. DoyleSupreme Court of Minnesota · 1887
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
- Whitman v. ShawMassachusetts Supreme Judicial Court · 1896
9 more not listed; retrieve them via the Exa API.