Keenan v. Cavanaugh
Supreme Court of Vermont
Trespass quare clausum fregit. Pica, the general issue. Trial by jury, September term, 1871, Royoe, J., presiding. It was conceded on trial, that one Theodore W. Smith was once the owner of the land in dispute, and the lands adjacent; and both parties claim to derive title from him.
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Trespass quare clausum fregit. Pica, the general issue. Trial by jury, September term, 1871, Royoe, J., presiding. It was conceded on trial, that one Theodore W. Smith was once the owner of the land in dispute, and the lands adjacent; and both parties claim to derive title from him. The plaintiff introduced a lease from said Smith to Patrick Keenan, dated February 5th, 1853 j also a warranty deed from said Smith to Patrick and James Keenan, dated April 2d, 1861, conveying land in St. Albans, described as follows : “ Commencing in the east line of the street, at the southwest corner of Joseph…
1Opinion of the Court
The opinion of the court was delivered by
WheeleR, J.
The lease from Smith — who then owned the whole premises — to Patrick Keenan of the land now the plaintiffs’ lot, and the one from him to John Ragan of the land now the defendant’s lot, appear both to have been executed on the same day. The north line of the land leased to Ragan and the south line of that leased to Keenan, was one and the same line. That line, as described in the lease to Ragan, was wholly artificial except that it ran “ westerly to the east line of the road at a stake.” As described in the lease to Keenan, it was “ in the…
2Cases cited1 opinion
- Sorenberger v. HoughtonSupreme Court of Vermont · 1868
3Cited by10 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- Fullam v. FosterSupreme Court of Vermont · 1896
- Yanish v. TarboxSupreme Court of Minnesota · 1892
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