Bowne v. Graham
Supreme Court of Vermont
TRESPASS quare clausum fregit. This was an action of trespass on the freehold. The plaintiffs, in their declaration stated, that on the 5th of July, A. D. 1801, the defendants vi et armis broke and entered their close, being the lot of land and the dwelling-house thereon, on which the said Nathan B. Graham now lives in Rutland, &c. and having so entered, with like force plucked and destroyed their apples, pears and peaches on their trees on said lot growing, and consumed and…
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TRESPASS quare clausum fregit. This was an action of trespass on the freehold. The plaintiffs, in their declaration stated, that on the 5th of July, A. D. 1801, the defendants vi et armis broke and entered their close, being the lot of land and the dwelling-house thereon, on which the said Nathan B. Graham now lives in Rutland, &c. and having so entered, with like force plucked and destroyed their apples, pears and peaches on their trees on said lot growing, and consumed and eat their garden stuffs growing on said lot, and broke ten panes of glass, and converted a certain brass knocker to…
1Opinion of the Court
Tyler, Assistant ■ Judge.
The plaintiffs have brought their action quare clausum fregit against two defendants for trespass, done, as it is alleged in the declaration, on the 5th July, 1801, with a continuando to the 26th of February, 1802. The defendants have pleaded the general issue severally.
It appears that the plaintiffs recovered judgment against John A. Graham, one of the defendants, in May, 1801, and procured' the land to be set off in part satisfaction of his execution on the 4th of July, 1801, by a regular levy. That the defendant John A. Graham has not been in possession since the…
2Cited by2 opinions
- Town of Corinth v. LockeSupreme Court of Vermont · 1890
- Langdon v. TempletonSupreme Court of Vermont · 1888