Sawyer v. Newland
Supreme Court of Vermont
Trespass, quare clausum fregit. The plaintiff declared against the defendant for entering, and cutting timber upon Lot, No. 26, in the third division ol the original right of Jonathan Brewster, and Lot, No. 31,. in- the third division of the original right of Elihu Marvin — both in Hydepark. The trespass was alleged as of the 1st. day of May, 1828, with a continuando up to the 12th day of March, 1834. Plea — general issue, and trial-,, in: the county court, by jury.
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Trespass, quare clausum fregit. The plaintiff declared against the defendant for entering, and cutting timber upon Lot, No. 26, in the third division ol the original right of Jonathan Brewster, and Lot, No. 31,. in- the third division of the original right of Elihu Marvin — both in Hydepark. The trespass was alleged as of the 1st. day of May, 1828, with a continuando up to the 12th day of March, 1834. Plea — general issue, and trial-,, in: the county court, by jury. The plaintiff showed a deed to him from Matthew Franklin*, dated 30th Oct. 1811, acknowledged the same day, conveying, the right…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action of trespass quare clausum fregit. The close, of which the plaintiff declares that he is seized, is described as Lot No. 26, in the division laid to the right of Jonathan Brewster, and Lot No. 31, in the third Division of the original right of EE'hu Marvin, in Hydepark. To maintain this action, it became necessary for the plaintiff to shew either a title or a possession of the premises, and, that defendant had committed the injury complained of; and it also became necessary for the plaintiff to shew, that the lands,…
2Cited by6 opinions
- Leach v. BeattieSupreme Court of Vermont · 1860
- Fairbanks v. StoweSupreme Court of Vermont · 1910
- Hibbard v. FosterSupreme Court of Vermont · 1852
- Fullam v. FosterSupreme Court of Vermont · 1896
- Rice v. ChaseSupreme Court of Vermont · 1902
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