Legal Opinion

Shepherd v. Hayes

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 2 opinions

Ejectmemt for land in Barnard, described as Lot No. 169 of one hundred acre lots in said town. Plea, the general issue, and trial by jury. The writ was served May 6, 1839. On the trial in the county court, (Nov. T. 1842) the plaintiffs showed a good title in themselves to the premises demanded, under the charter of the town, and it was conceded that the defendant was in possession of the premises at the commencement of the action.

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Ejectmemt for land in Barnard, described as Lot No. 169 of one hundred acre lots in said town. Plea, the general issue, and trial by jury. The writ was served May 6, 1839. On the trial in the county court, (Nov. T. 1842) the plaintiffs showed a good title in themselves to the premises demanded, under the charter of the town, and it was conceded that the defendant was in possession of the premises at the commencement of the action. The defendant then introduced parol testimony, tending to prove that in June, 1S23, Nathaniel Blanchard and Abel Blanchard entered upon said lot, claiming to be the…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Cii. J.

In this case there are exceptions to the judgment of the county court, and also two petitions for a new trial. It appears that, on trial, the plaintiffs made out a title from the original proprietor. The defendant relied entirely on proving an adverse possession, for fifteen years, in himself and those under whom he claimed,.but introduced no deeds. The plaintiff then introduced copies of deeds, — one from Forbes to Nathaniel Blanchard, and the other from Nathaniel Blanchard to Abel Blanchard, under whom the defendant went into…

2Cases cited1 opinion

  1. Carpenter v. HollisterSupreme Court of Vermont · 1841

3Cited by2 opinions

  1. Mann v. Town of FairleeSupreme Court of Vermont · 1872
  2. Putnam v. LawrenceSupreme Court of Vermont · 1877

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