Robinson v. Douglass
Supreme Court of Vermont
THIS cause came before the Court on a motion for a new trial, founded on exceptions taken by the plaintiff, on the trial of the issue in the county court. The action was for a trespass on certain lands in Monklon.
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THIS cause came before the Court on a motion for a new trial, founded on exceptions taken by the plaintiff, on the trial of the issue in the county court. The action was for a trespass on certain lands in Monklon. The trespass complained of was alleged to have been committed on a tract of seven acres of land, claimed by the plaintiff to be parcel of fifteen acres, conveyed by the defendant to Moses Scott, on the 13th of March, 1818, and by Scott to the plaintiff, on the 24th of September, 1822. Previous to the defendant’s deed to Scott, the said Scott had fenced out all of said premises…
1Opinion of the CourtPrentiss, J.
after stating the above facts in the case, delivered the following opinion of the Court.
It is an establishdd principle of the common law, that a conveyance of lands, where there is a disseizor in actual possession, is inoperative and void. But, notwithstanding this principle, it seems to have been formerly considered in this state, that a conveyance, made in the manner prescribed by the act regulating conveyances of real estate, was effectual to transfer the title, although there was an actual adverse possession at the time. The act provides, that all deeds and other conveyances of lands,…
2Cases cited5 opinions
- Green v. LiterSupreme Court of the United States · 1814
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1807
- Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Kane v. SternberghNew York Supreme Court · 1799
- Chapman v. GrayMassachusetts Supreme Judicial Court · 1819
3Cited by6 opinions
- Darling v. EnnisSupreme Court of Vermont · 1980
- Huntley v. HoughtonSupreme Court of Vermont · 1911
- Stevens v. WhitcombSupreme Court of Vermont · 1844
- White v. FullerSupreme Court of Vermont · 1865
- Lyon v. Parker Young Co.Supreme Court of Vermont · 1923
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