The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1868-02-18
Supreme Court.

The term q the Supreme Conrt for this County
was held at Bennington last week. Chief Justice
Pierpoini aud Judges Peck aud Steele were present
the ars, day; and Judge Barrett arrived that eve.
uing, and took his seat Wednesday morning. The
term continued three days, and the following cases
were heard;
Horace r. CLARK James Boardnaa This was an
&C ton Of respass, in which the plaintiff claimed to
recover damage Of the defendant for cutting an
elm Tree, and suffering his cattle to run upon the
premises Of the plaintiff. The case was heard at
the December Term Of the County Court, in 1859,
Judge kellogg presiding. 1t appeared that the
plaintiff owned a tam on the south side Of the
WALDO nsae River, in Bennington, known as the
Gov Robinson farm" and that the defendant
OWED lands on the opposite side Of that stream
known as the clicks farm" The plaintiff claimed
that tie thread o. the Wailuomsac River was
the boundary between the two farms while the
defendant coEteuded that his possession extended
over the river, aud to the north line Of highway
which formerly nm few rods south ofthat stream.
Upon the strip Of land lying between tina Inc Of the
highway and the bank OF .he river, the tree in
question was cut by tie defendant. The plaintiff
introduced d-ecs, and gave evidence tending to show
/ that the former owners of the two farms had al
I ways recognized the river as the line between
/ them. The defendant gave evidence finding to
show that the former owners Of the Hicks lHm, and
/ the defendant had repaired the fence beyond the
river on tie north line Of the highway, and that
tie defendant hs several times cut the grass on
/ the strip between the fence ard the river. The
4 plaintiff introduced testimony 10 show that his
granior had cut the grass that strip some yea rs
ana had sometimes gwen the defendant leave to
cut III: which license the defendant denied. The
I plaintiff alleged that the defendant hsd torn down
The ieuce and driven his cattle upon other pieces Of
land ail1ining the Hicks farm and when relnon-
STRAIT Cd with. lad claimed the right 10 do 50. But
on the ,rai the defendant claimed title to those
pcices. ana denied having committed the acts q
trespuss alleged. The defendant requested The
court 70 charge the jury that the plaintiff
could not of damages done by the cattle, al
those rrespasses were alleged 70 have been commit,
ted upon premises 40; covered by tie declaration
. iha, ,Ae plaintiff could no, recover FOR bressinl
i ovn the fence, because not declared for; that i
the defendant was ia adverse possssion al the iirns
tie plaiatlf. efsnior took Bis decd, the deed va
void and tie plaintiff could not recover; that a
occupation 81 tie defendants Gauion would 10
ure 10 his tsreh and give him title by sdveu'
posses, ion. To tie rsiussl Of the court to charge
according 10 that request and to 10 much q ID,
charge as c0nfiete4 With the 70 Is therein claimed
the defendant excepted. Tno Jury returned yer
die, fr tne pisin,ilI Of s. IS damages. Exception
aIloeed ami case passeu % the Supreme Coan p
Revision. Lyman and Souihwor,h for plaintiff, sb
Icy aud Daveaport far defendant. Thecase is sill
the Court ~ future decision.
0ba Scoa =. JatsFl siies %, opt, The defendant
had previously brought sag before justice sgaius
tie paiu,ia IL whleh the plaintiff had neglected t
ale Ia odse; lbe account ucw sued fJr. The plan
ta N'ss recovered jsigsmeu; in that snii, 40
Sesii appeSlsd; hut before the case was enisre
stowe Sect paid the Judgement Tbs sat vas thsi
bpaagst. but the ias;ice decided thst The psiutii
recover % costs vilh hs damages under Sec. = 3
Cbsp'sg las Of The Geaers5 stsiufes. The sadl,o
% lAs Cuuuiv Coun iogna bslancc q o. ls du
tie plaintiff "a soeoan;. Be cogTs sulsfei 5edg
usu, ~ the plaiata fsf Inst sfnoBsi and he eosis
Ard 10 he judremeat showing coats TIE Ssssudsn
sacsgse4 The g,siniT ca s4e- ina, hs ga - hsv
tit p,ronal naises Is ihe former SAT- repaired b
as ea'u'a and i4at shs iakirg = - appeal vaeas
81 itt BIS esmezi. Tks CoGrl bella that seagt's ~
Fsaaars Is that ssst was eaaca,irs 90 TIE 4aasilas
u naties an4 ,Aai tas psysneri * lie joaesmea
after arpssl istsa 50 80 ssTe hin iFom De epe
Fss,aa q iit stafuss e relstiaa % costa taagemeu
Fsysrssa ana ys5esHea, ~ tsusEes ~ishe1t oasts
oplsioa b. Jsags Barrett Hzruan fos plziutls
6nrdasr ~ asssaassf
Lssiaa a Eassara T. J. p Poeisr q a. ri
wAs as s&issl Sx sseapass- Tie F.Alassg pit asoi