Bigelow v. Rising
Supreme Court of Vermont
Trespass q. a. f. for damage upon lands in Rupert. Plea, the general issue, and trial by jury, December term, 1867, Prout, J., presiding.
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Trespass q. a. f. for damage upon lands in Rupert. Plea, the general issue, and trial by jury, December term, 1867, Prout, J., presiding. The plaintiff, to make out his title to the premises on which he claimed the trespass was committed by the defendant, introduced in evidence a certified copy of the will, duly allowed and proved, of one David Brown, who had deceased, wherein the said David Brown devised, with other real estate, his undivided half of the premises in question to his adopted daughter, Maria S. Brown, together with evidence showing that the said Maria S. Brown, prior to the…
1Opinion of the Court
Argued at the February term, -1868; decided at the February term, 1869.
The opinion of the court was delivered by
Pierpoint, C. J.
This is an action of trespass quare clausum fregit.
It appeared upon the trial in the county court, from the evidence introduced by the plaintiff, that the premises, upon which the trespasses complained of were committed, were owned by the plaintiff in common with one John P. Youlen. On this fact appearing, the court decided that the plaintiff could not maintain the action, and that the nonjoinder of said Youlen could be taken advantage of under the general issue, and…
2Cases cited2 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Hibbard v. FosterSupreme Court of Vermont · 1852
3Cited by6 opinions
- Crowe v. HouseworthCourt of Appeals of Maryland · 1974
- Newell v. WhitcherSupreme Court of Vermont · 1880
- Pfannenstiel v. Central Kansas Power Co.Supreme Court of Kansas · 1960
- Davis v. MoylesSupreme Court of Vermont · 1903
- Butler v. BoyntonMissouri Court of Appeals · 1906
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