Pierce v. Spafford
Supreme Court of Vermont
This case was heard at the May Term, 1880, Barrett, J., presiding. The court found that the defendant rightfully removed the stone' post standing in said Dickinson’s lot; to which the plaintiff excepted.
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This case was heard at the May Term, 1880, Barrett, J., presiding. The court found that the defendant rightfully removed the stone' post standing in said Dickinson’s lot; to which the plaintiff excepted. The court further decided that the defendant committed a trespass against the plaintiff in removing the other posts and chains, and adjudged that the plaintiff recover of the defendant the sum found by the referee, one dollar, regarding the same as nominal damages, and one half of the referee’s fees [being three dollars] not paid by the State, as his costs, and for no other costs. To this…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The report of the referee clearly shows a dedication by Potwine in about 1825, of the land then fenced out from his farm for the purpose of a burial ground. The intent to make a dedication, the fact of making it, the acceptance and appropriation for the purpose intended,, are fully found. Nothing appears to show that Potwine reserved any right to the yard in respect as to its control and management for burial purposes, while it should be used for such purposes, different from what every other person had who took up and appropriated a lot…
2Cases cited2 opinions
- Fletcher v. ColeSupreme Court of Vermont · 1852
- Sumner v. CummingsSupreme Court of Vermont · 1851
3Cited by4 opinions
- Tracy v. BittleSupreme Court of Missouri · 1908
- Benn v. HatcherSupreme Court of Virginia · 1885
- County of Bennington v. Town of ManchesterSupreme Court of Vermont · 1914
- Hunt v. TollesSupreme Court of Vermont · 1902