Legal Opinion

Patchin v. Stroud

Supreme Court of Vermont

Decided February 15, 1856PublishedCited by 6 opinions

Trespass On the ereehoed, for cutting wood on lot No. 17* 6th division, in Pownal. Plea, the general issue; trial by jury, December Term, 1855, — Pierpoint, J., presiding. The question litigated was in reference to the ownership of lot No. 17, both parties claiming it, and neither showing a sufficient paper title to it.

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Trespass On the ereehoed, for cutting wood on lot No. 17* 6th division, in Pownal. Plea, the general issue; trial by jury, December Term, 1855, — Pierpoint, J., presiding. The question litigated was in reference to the ownership of lot No. 17, both parties claiming it, and neither showing a sufficient paper title to it. The plaintiff claimed title by fifteen years posj session, and also by a prior possession* and introduced testimony tending to prove acts of possession upon the premises, by the person under whom he claimed, thirty-four or thirty-five years before* and at different periods…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session iff June, by

Benñett, J.

The simple question raised on the bill of except tions seems to be this, (and it is the only one which we are balled Upon t'ó ievise,) and that is whether* in a case resting *395upon prior possession, if fifteen years or more intervene betweeri any of the acts of possession, does that per se, and as matter of law, constitute an effectual bar against the plaintiff from availing himself of the first acts of possession, even though the jury should find ■ that in the meantime there had been no actual abandonment of…

2Cited by6 opinions

  1. Falley v. GilesIndiana Supreme Court · 1867
  2. Langdon v. TempletonSupreme Court of Vermont · 1893
  3. Davenport v. NewtonSupreme Court of Vermont · 1898
  4. Aldrich v. GriffithSupreme Court of Vermont · 1893
  5. Stevens v. MacRaeSupreme Court of Vermont · 1923

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