Evarts v. Dunton

Opinion of the Court,

1. The defendants. ought to have Been permitted to shew, that the Select men hadplqcqd.a sp^lgr.on the lot in question, and that the same was voted to the ministerial right, according to the provisions of the Statute. 2 vol. p. 316.

2. The Judge ought to have charged the Jury, that the plaintiff could recover against those defendants only who were proved to be in possession.

See Mortgage 4. Judgment 2.