Cutting v. Cox
Supreme Court of Vermont
Trespass quare clasum fregit. Plea, the general issue, and trial by the court, June Term, 1846, — Kellogg, J., presiding. Upon trial the facts appeared as follows. The trespass was alleged to have been committed upon a lot of land in "Walden. In April, 1845, the plaintiff received a lease of a portion of the lot from the selectmen of the town, extending from the south line of the lot fifty rods on the west line and sixty rods on the east line.
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Trespass quare clasum fregit. Plea, the general issue, and trial by the court, June Term, 1846, — Kellogg, J., presiding. Upon trial the facts appeared as follows. The trespass was alleged to have been committed upon a lot of land in "Walden. In April, 1845, the plaintiff received a lease of a portion of the lot from the selectmen of the town, extending from the south line of the lot fifty rods on the west line and sixty rods on the east line. The defendant received from the selectmen a lease of the remainder of the lot. One Goochy had a right to occupy the plaintiff’s portion of the lot,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J:
As between the plaintiff and Goochy, the question, which should bring the action, may be in some sense determined by inquiring who was injured by the trespass complained of. If this were the ordinary case of carrying on a farm at the halves, it has not been considered thqt the owner of the land is so far divested of ’the possession, that he may not maintain trespass, in his own name, for any injury to the inheritance, — as digging stone, or cutting timber. As to the growing crops, in which the parties have a joint interest, the parties are…
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