Legal Opinion

Yale v. Seely

Supreme Court of Vermont

Decided January 15, 1843PublishedCited by 20 opinions

This was an action of trespass, in four counts, for breaks ing and entering the plaintiff’s close, on the 5th of February, 1840, and taking away a quantity of poles, and assaulting, beating and wounding the plaintiff. Plea not guilty,- with notice of special matter.

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This was an action of trespass, in four counts, for breaks ing and entering the plaintiff’s close, on the 5th of February, 1840, and taking away a quantity of poles, and assaulting, beating and wounding the plaintiff. Plea not guilty,- with notice of special matter. On the trial in the county court, the plaintiff introduced evidence tending to prove that, in February, 1839, he purchased of one Russell Bly 40 acres, part of a lot of 114 acres of land, on which 40 acres, the poles in question, were lying, in a pile ; that, by the contract of purchase, the poles, with the other timber, cut down…

1Opinion of the Court

*230The opinion of the court was delivered by

Hebard, J.

This ease comes before this court upon a bill of exceptions, upon which two questions arise. The first is, did Jonathan Seely own the poles, at the time he entered upon plaintiff’s land to take them away ? The other is, if he did own them, had he a legal right to go upon the plaintiff’s land for the purpose of removing them, without the plaintiff’s permission ?

The first is a mixed question of law and fact, and, under proper direction from the court, must be settled by the jury. The court instructed the jury, “ that if they found that a ‘…

2Cases cited4 opinions

  1. Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
  2. Hyatt v. WoodNew York Supreme Court · 1809
  3. Benedict v. BenedictSupreme Court of Connecticut · 1813
  4. Blake v. JeromeNew York Supreme Court · 1817

3Cited by20 opinions

  1. Girard v. AndersonSupreme Court of Iowa · 1934
  2. Dustin v. CowdrySupreme Court of Vermont · 1851
  3. Jenkins v. LykesSupreme Court of Florida · 1882
  4. Buck v. PickwellSupreme Court of Vermont · 1854
  5. Noyes, French & Fickett v. ParkerSupreme Court of Vermont · 1892

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