Legal Opinion

Armstrong v. Colby

Supreme Court of Vermont

Decided January 15, 1875PublishedCited by 14 opinions

Trespass qua. clau. Plea, tlie general issue, and trial by jury, December term, 1874, Pierpoint, Oh. J., presiding. It was conceded that the defendant Palmer had the legal title to lot No. 54, in the first division of lands in Lincoln, in the county of Addison, and that he and his grantors had been in possession of the same for more than forty years. The defendants claimed that the land in dispute was part of said lot.

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Trespass qua. clau. Plea, tlie general issue, and trial by jury, December term, 1874, Pierpoint, Oh. J., presiding. It was conceded that the defendant Palmer had the legal title to lot No. 54, in the first division of lands in Lincoln, in the county of Addison, and that he and his grantors had been in possession of the same for more than forty years. The defendants claimed that the land in dispute was part of said lot. The alleged trespasses were committed under the direction of said Palmer. Simeon Palmer, father of the defendant Palmer, died seised of said lot, and had owned and occupied the…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

As the plaintiffs acquired their title from Patience Burroughs, and the defendants theirs from Simeon Palmer, and the action of ejectment that she brought against him was for the possession of the same land that is in dispute in this action, any judgment in that action would be between parties to whom the parties in this action are respectively privies, and about the same subject matter, and be conclusive upon these parties as to all matters adjudicated in it. The court properly looked into its own docket entries to see what had been done by…

2Cases cited3 opinions

  1. Brownson v. HullSupreme Court of Vermont · 1844
  2. Grout v. KnappSupreme Court of Vermont · 1868
  3. Catlin v. TaylorSupreme Court of Vermont · 1846

3Cited by14 opinions

  1. State v. ShawSupreme Court of Vermont · 1901
  2. Dewey v. St. Albans Trust Co.Supreme Court of Vermont · 1887
  3. Gibson v. HolmesSupreme Court of Vermont · 1905
  4. Bishop v. Readsboro Chair Manufacturing Co.Supreme Court of Vermont · 1911
  5. Miller v. SimonsSupreme Court of Minnesota · 1953

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