Burton v. Lazell
Supreme Court of Vermont
Trespass on the freehold. The locus in quo was described in the declaration as lot No. 171 in St. Albans. The case was sent out to referees, who reported that the plaintiff, in 1818, took a quitclaim deed of said lot No. 171 from Samuel Burton, and soon after went into possession of said lot, and that he had continued to occupy the same to the present time, as a wood and timber lot, claiming it as his own.
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Trespass on the freehold. The locus in quo was described in the declaration as lot No. 171 in St. Albans. The case was sent out to referees, who reported that the plaintiff, in 1818, took a quitclaim deed of said lot No. 171 from Samuel Burton, and soon after went into possession of said lot, and that he had continued to occupy the same to the present time, as a wood and timber lot, claiming it as his own. That lot No. 172 lay south of and adjoining said lot No. 171, and that, at the time the plaintiff went into possession of lot No. 171, one Freeborn Potter was in possession of lot No. 172,…
1Opinion of the Court
*161The opinion of the court was delivered by
Williams, Ch. J.
The court do not perceive in this case any question of law determined, either by the referees or the county court, which they can re-examine. The referees, though they submit their report in the alternative, yet, in effect, find all the facts; and they should have drawn their own conclusion from them, without leaving the decision to the court. The question between the parties was, where was the true line between Lot 171 and Lot 1721 Both parties established a sufficient title to their respective lots. The determination of this question…
2Cases cited3 opinions
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1809
- Jackson ex dem. Van Cortlandt v. Van CorlaerNew York Supreme Court · 1814
- White v. EverestSupreme Court of Vermont · 1828
3Cited by6 opinions
- Amey v. HallSupreme Court of Vermont · 1962
- Neill v. WardSupreme Court of Vermont · 1930
- Rambeau v. BarrowsSupreme Court of Vermont · 1969
- Wells v. Jackson Iron Manufacturing Co.Supreme Court of New Hampshire · 1869
- Beresford v. C. W. Gray & Sons, Inc.Supreme Court of Vermont · 1980
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