48 Vt. 217 | Vt. | 1876
The opinion of the court was delivered by
I. The plan of the two lots, the location of the division line between which was the subject of controversy, was made by the plaintiff’s attorney, not a surveyor, and not from any survey of the lots. The plaintiff testified, and was-uncontra-
II. Mason Peters is a grantor in the defendants’ chain of title. As late as 1856, he was in possession of the defendants’ lot, and in connection with N. W. Isham, the then owner of the plaintiff’s lot, located and built the fence which the plaintiff claimed was on the division line between the two lots. The defendants claimed that the division line of the lots was a few rods southerly of this fence. To rebut the testimony introduced by the defendants to establish the line as they claimed it, the plaintiff was allowed to use in evidence copies of two deeds given by Mason Peters while he was in possession of the defendants’ lot, conveying parcels of the lot lying northerly of the disputed territory, and contiguous to the plaintiff’s lot. The division line between the lots is a straight line. The description in these deeds commences at a certain birch tree, and runs easterly and westerly along the division line. The evidence tended to show that this birch tree was on or near the line as the plaintiff claimed it. The declarations of one in possession of real or personal property, qualifying or limiting the extent or character of his possession, are always admissible against those claiming under him. The defendants claim under Mason Peters. On this principle, his declarations in these deeds, as to the location of the division line between these lots, were properly admitted against the defendants. Davis v. Judge, 44 Vt. 500.
III. The defendants have excepted to the ruling of the court, submitting whether the plaintiff had acquired title to the land southerly of the fence by adverse possession. It was the duty of the court to submit this question, if there was any evidence tending to establish it. The plaintiff’s testimony tended to show that the fence was built for a division fence by the grantors of the parties, in the summer of 1856, and that the plaintiff and his grantor had been in possession to the fence till December, 1871,
We find no error in'the proceedings in the County Court, and the judgment of that court is affirmed.