Capen's Administrator v. Sheldon
Supreme Court of Vermont
Trespass for cutting timber. Plea, the general issue. Trial by jury at the March Term, 1903, Rutland County, Hasellon, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The opinion states the case. The defendants also brought to the Supreme Court their petition for a new trial, under V. S. 1662, which petition was heard with their exceptions.
Read the full summary
Trespass for cutting timber. Plea, the general issue. Trial by jury at the March Term, 1903, Rutland County, Hasellon, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The opinion states the case. The defendants also brought to the Supreme Court their petition for a new trial, under V. S. 1662, which petition was heard with their exceptions. The petition, after alleging that the case had been pending in Rutland County Court since February, 1892, and was continued for eleven years, during all of which time defendants were ready and willing to try the same, and…
1Opinion of the CourtRowell, C. J.
This is trespass for cutting timber on lot 19 in the 3d division in Mendon, drawn to the right of the first settled minister. The plaintiff sues as administrator of the estate of Ahasuerus Capen, and claims title by deed, and failing that, title by possession sufficient to enable him to recover against the defendants, who are strangers to all title. The defendants claim that the plaintiff has neither the legal nor a possessory title, and therefore cannot recover.
The plaintiff introduced in evidence a certified copy of the charter of the town of Medway, now Mendon, granted by the Governor of…
2Cases cited18 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- Langdon v. TempletonSupreme Court of Vermont · 1893
- Davenport v. NewtonSupreme Court of Vermont · 1898
- Aldrich v. GriffithSupreme Court of Vermont · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
2 more not listed; retrieve them via the Exa API.