Luther Baker & Sons v. Sherman
Supreme Court of Vermont
Case. Plea, general issue. Trial by jury, September term, 1897, Franklin county, Start, J., presiding. Verdict and judgment for the defendant. The plaintiffs excepted.
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Case. Plea, general issue. Trial by jury, September term, 1897, Franklin county, Start, J., presiding. Verdict and judgment for the defendant. The plaintiffs excepted. The first count of the declaration alleged that the defendants sold to the plaintiffs all their, the defendants’, interest in a tract of timber land by knowingly, falsely and fraudulently representing that it was 'bounded by Canada line on the north, and by the crest of a mountain range on the east, west and south, whereas a portion of the tract deeded lay beyond the crest, and a portion of the tract within the crest was not…
1Opinion of the CourtTaft, C. J.
Points of Evidence I. Exc. 1. Whether the southwest corner of lot 4, range 6, was at the double birch trees or thirty-one rods southerly, was a material question, and the marks upon the birches were relied upon to show whether they were of ancient or recent make. The trees had been marked at all points of the compass. The witness Dewart had taken blocks therefrom, and was asked to tell the probable age of the marks; and his answers were excluded. He was permitted to tell the appearance of the marks, — whether old or freshly made, — but was not permitted to tell their probable age. It was a…
2Cases cited7 opinions
- Town of Cavendish v. Town of TroySupreme Court of Vermont · 1868
- Carpenter v. WilleySupreme Court of Vermont · 1892
- Bemis v. Central Vermont R. R.Supreme Court of Vermont · 1886
- State v. MarshSupreme Court of Vermont · 1898
- Sheldon v. PerkinsSupreme Court of Vermont · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- State v. DudleySupreme Court of Iowa · 1910
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Paska v. SaundersSupreme Court of Vermont · 1931
- Bellows Falls Village Corp. v. State Highway BoardSupreme Court of Vermont · 1963
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