Hollister v. Young
Supreme Court of Vermont
Ejectment for lot No. 4 in the 9th range in the town 'of Marshfield. Plea, the general issue and notice. Trial by jury, September term, 1868, Peck, J., presiding. Verdict for the defendant.
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Ejectment for lot No. 4 in the 9th range in the town 'of Marshfield. Plea, the general issue and notice. Trial by jury, September term, 1868, Peck, J., presiding. Verdict for the defendant. The plaintiff, to support the issue on his part, offered certified copies of the following deeds, which were duly recorded in the town of Marshfield, to wit: Silas Pepoon to Joseph Byrd and John Barrow, dated January 8, 1800; Joseph Byrd to John Barrow, dated March 30, 1816 ; John Barrow to Henry H. Barrow, dated December 5, 1832. Henry H. Barrow died April 6, 1863, and the plaintiff was duly appointed…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
I. In order for the defendant’s possession to ripen into title, it must have been under a claim of ownership. To prove that he occupied under such a claim it was competent for him to show that while he occupied he asserted ownership by bringing his suit of trespass against others who .attempted to enjoy the premises, and not only that he brought the suit, but also that he persisted in his claim by prosecuting it to a final adjudication. It is immaterial which way that case was decided, but it is not immaterial that it was prosecuted until a…
2Cited by8 opinions
- Paska v. SaundersSupreme Court of Vermont · 1931
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Barnes v. DowSupreme Court of Vermont · 1887
- Morse v. LowSupreme Court of Vermont · 1872
- Cuddy v. ForemanWisconsin Supreme Court · 1900
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