Eddy v. St. Mars
Supreme Court of Vermont
Heard on the report of a referee at the September Term, 1879, Dunton, J., presiding. Judgment, pro forma, for the plaintiff. The defendant was the hired servant of one Mrs. Lippitt; and the alleged acts of trespass consisted of hauling and placing upon the land in question a lot of logs taken by the defendant out of an old mill dam, then owned by Mrs. Lippitt, and by her direction, which dam was being cleared away for the purpose of erecting another.
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Heard on the report of a referee at the September Term, 1879, Dunton, J., presiding. Judgment, pro forma, for the plaintiff. The defendant was the hired servant of one Mrs. Lippitt; and the alleged acts of trespass consisted of hauling and placing upon the land in question a lot of logs taken by the defendant out of an old mill dam, then owned by Mrs. Lippitt, and by her direction, which dam was being cleared away for the purpose of erecting another. As to the abandonment of the land in question, and the gaining of it by adverse possession, the referee reported substantially as follows: That…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The plaintiff must stand on his title — that on which he claims to be the owner of the land in dispute. His deed bounds him on the east contiguously to the land which Mrs. Lippitt claims that the deed to her husband conveyed to him, bounded on the west by the same line that bounds the plaintiff’s land on the east, viz.: “ then southerly on the edge of the pond to the northeast corner of John Eddy’s land.” That pond was in existence when the deeds defining said boundary were given. The deed to Lippitt gave him title to the pond — that is, to…
2Cases cited2 opinions
- Plimpton v. ConverseSupreme Court of Vermont · 1871
- Plimpton v. ConverseSupreme Court of Vermont · 1870
3Cited by4 opinions
- Jangraw v. MeeSupreme Court of Vermont · 1903
- Holden v. ChandlerSupreme Court of Vermont · 1888
- Hunter v. EmersonSupreme Court of Vermont · 1903
- Bemis v. BemisSupreme Court of Vermont · 1940