Haskin v. Record
Supreme Court of Vermont
Trespass in three counts, the two first quare clausum fregit, and the third de bonis asportatis. Plea the general issue, with notice of a license from the plaintiff to the defendant, to do the acts complained of. Trial by jury at the September Term, 1859, — ■ Aldis, J., presiding.
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Trespass in three counts, the two first quare clausum fregit, and the third de bonis asportatis. Plea the general issue, with notice of a license from the plaintiff to the defendant, to do the acts complained of. Trial by jury at the September Term, 1859, — ■ Aldis, J., presiding. The plaintiff introduced in evidence a deed from Alexis White to Elijah Hungerford and Hollis Hastings, of the locus in quo, dated March 23, 1838. This deed conveyed to the grantees the land in question in order that they might take therefrom all the cedar, pine and tamarack timber growing thereon, and provided that…
1Opinion of the Court
Piérpotnt, J.
The declaration in this case contains three counts ; in the first two the plaintiff declares upon a trespass “ quare clausum,” and in the third, on a trespass “ de bonis.”
The court charged the jury that upon the facts as stated in the bill of exceptions, if found to be true, the plaintiff was entitled to recover on either of the counts.
The defendant insists that the charge was erroneous. He concedes that upon the facts found, the plaintiff was entitled to recover on the third count, but denies that trespass qu. cl. can be maintained, and that as the verdict is general, a new…
2Cited by4 opinions
- Rogers v. DuhartCalifornia Supreme Court · 1893
- Carson v. Lumber Co.Tennessee Supreme Court · 1902
- H. D. Williams Cooperage Co. v. Quercus Lumber Co.Missouri Court of Appeals · 1915
- Jewett v. DringerSupreme Court of New Jersey · 1878