Lapham v. Curtis
Supreme Court of Vermont
This was an action on the case, tried at the County Court, September Term, 1832., on the general issue of not guilty. Upon the trial of said issue, evidence was given by the .plaintiffs, tending to show, that the plaintiffs," at the time mentioned in their said declaration, and for several years •before, had been and were jointly concerned in carrying oh the furnace business at their furnace below the Dorset ;pond, so called, in Dorset, in said County; and then had upon and…
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This was an action on the case, tried at the County Court, September Term, 1832., on the general issue of not guilty. Upon the trial of said issue, evidence was given by the .plaintiffs, tending to show, that the plaintiffs," at the time mentioned in their said declaration, and for several years •before, had been and were jointly concerned in carrying oh the furnace business at their furnace below the Dorset ;pond, so called, in Dorset, in said County; and then had upon and about their said furnace-yard, divers stoves, pig-iron castings, and other property, as stated in their declaration. The…
1Opinion of the Court
The opinion of the Court was pronounced by
The record shows what evidence the plaintiffs introduced to support the issue on their part; also the evidence which the defendant introduced. If the jury found the Facts which the defendant’s evidence tended to prove, what is the operation of law upon these facts ? Before I attempt to answer this question, I will state the law as -it is generally understood in England, and in the United States, in the case of Barber vs. Shaw et al. 6 East. 208, the Court say, an adverse right may exist founded on occupation of another. And though the stream be either…
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