Halloran v. Whitcomb
Supreme Court of Vermont
Trespass for breaking and entering lot numbered 140, in Bolton, and cutting and taking away timber, &c. Pleas, the general issue, accord and satisfaction, and license. Trial by jury, and verdict for defendant; April term, 1870, Pierpoint, C. J., presiding.
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Trespass for breaking and entering lot numbered 140, in Bolton, and cutting and taking away timber, &c. Pleas, the general issue, accord and satisfaction, and license. Trial by jury, and verdict for defendant; April term, 1870, Pierpoint, C. J., presiding. The plaintiff’s title to lot 140 was conceded; but it was claimed by the defendant, and he introduced testimony tending to show, that the place where the alleged trespasses were committed was not upon lot 140, but upon lot 141, belonging to the defendant, and adjoining lot 140 on the west. Where the true line between these two lots is…
1Opinion of the Court
The opinion of the court was delivered by
Boyce, J.
The plaintiff’s title to lot No. 140, on which the trespass complained of is alleged to have been committed, was conceded, and no question seems to have been made as to the defendant’s title to lot No. 141. The bill of exceptions states that the main question in the case was, where the true line between these lots was actually located. But the case was tried and determined, as will be seen by the charge of the court and finding of the jury, upon the ground that Davis, the plaintiff’s grantor, and the plaintiff, while in the ownership and…
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