Meacham v. Fay
Supreme Court of Vermont
This was an action of trespass, quart clausum fregit, for cutting trees on a piece of land situated in Rutland and described as follows: “beginning at Jonathan Fenn’s south-west comer of his house lot in October, 1802, thence north on said Jonathan Fenn’s west line, until it strikes the south line of Capt.
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This was an action of trespass, quart clausum fregit, for cutting trees on a piece of land situated in Rutland and described as follows: “beginning at Jonathan Fenn’s south-west comer of his house lot in October, 1802, thence north on said Jonathan Fenn’s west line, until it strikes the south line of Capt. John Smith’s pitch of land, thence west on said Smith’s south line till it strikes the west line of the town of Rutland, thence south on the town line till it strikes John Smith’s north line of his three rights of land on which he lived in 1802, thence east to the north line of said Smith’s…
1Opinion of the Court
The opinion of the court was pronounced by
Williams, C. J.
— This is an action of trespass quart clau-sum, fregit. To maintain it, the plaintiff may rely upon his possession alone. It was wholly unnecessary for him in his declaration to give a particular description of his lands by boundaries. The particular boundaries could only become of consequence if the defendant shew or claimed a title. In this case there would have been no necessity for giving any evidence in relation to the boundaries, unless the plaintiff had made it necessary by his declaration. In no case in proof of abuttals is…
2Cited by2 opinions
- Melvin v. EasleySupreme Court of North Carolina · 1860
- Melvin v. EasleySupreme Court of North Carolina · 1860