McGrady v. Miller
Supreme Court of Vermont
This was an action of trespass for breaking and entering plaintiff’s close, in Alburgh, and for breaking and entering plaintiff’s dwelling-house and destroying his goods and chattels.
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This was an action of trespass for breaking and entering plaintiff’s close, in Alburgh, and for breaking and entering plaintiff’s dwelling-house and destroying his goods and chattels. On trial in the county court, the plaintiff introduced testimony tending to prove that some seven or eight years before the trespass complained of, one Frederick Hoxsie entered upon the premises and erected a log house and occupied the same for four years, or nearly that time ; that he then sold his possession and betterments to the'plaintiff, who, on the day of the purchase, moved into the house and took…
1Opinion of the Court
*131The opinion of the court was delivered by
Bennett, J.
The doctrine is a familiar one that a prior possession is sufficient to maintain trespass or ejectment against a stranger. The only question in the case is, do the exceptions show that Joseph Mott, under whom the defendants claim protection, show a subsisting prior possession to the possession claimed by Hoxsie. It appears that Joseph Mott, about forty years since, claimed the land,and individuals lived on the same under him; and that his last tenant left the premises about the year 1815. Yet it appears that, in 1817, Mott deeded the…
2Cited by9 opinions
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- Langdon v. TempletonSupreme Court of Vermont · 1893
- Montgomery v. BranonSupreme Court of Vermont · 1968
- Fullam v. FosterSupreme Court of Vermont · 1896
- Capen's Administrator v. SheldonSupreme Court of Vermont · 1905
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