51 Vt. 436 | Vt. | 1879
The opinion of the court was delivered by
In 1857, when Daniel Kelley made the trade with Hulett to move the five sheds, he owned the four northern sheds, and Alonzo the south one, about which this controversy has arisen. There was no written conveyance of any of the shqds. The plaintiff claims title to the shed in question by virtue of a purchase made from Alonzo. The defendant’s evidence tended to show that Daniel Kelley, at the time he made the trade with Hulett, assumed to own all the sheds and conveyed all of them but the two which he reserved, to Hulett for removing them, and that Hulett did not then know that Alonzo claimed to own one of them. Hulett let one Ormsbee have the south shed for helping him remove them, and in 1860, Ormsbee sold the shed to one Coppins, under whom the defendant claims title. In November, 1859, Daniel Kelley died, and' one of his sons was appointed administrator of his estate, but his property was divided among his children and his widow by agreement. In December, 1859, Alonzo swapped the south shed (which was his) with the administrator for one of the sheds which Daniel Kelley owned under his trade with Hulett. Immediately after that all the right of the heirs to all the sheds except .the one which was then owned by Alonzo was sold to one Burnett; and in 1872 Burnett sold his right to Alonzo, and in 1873 Alonzo sold the south shed to the plaintiff.
It is now claimed, although the question does not appear to have been made in the County Court, that trespass on the freehold will