Joseph Story

“ The defendants claim under the act of 1794, which act admits the existence of the corporation, and of their capacity to take the lands.
The lease to the defendant from the town of Pawlet shows that he claims under the crown. The town claims under the state, and the state claims under the society, and the society hold under the crown. The state assert their right as successors to the society, on the occurrence of the revolution. Thus all parties claim under the crown, and all are bound by their acts.
As to the statute of limitations, he said that the act only barred the action, not the entry ”

“ It is urged that the defendants are estopped by the lease from disputing the capacity of the plaintiffs to take the land. A tenant, it is well said, is estopped to deny the title of his landlord; but the defendants are not tenants to the society. They have shown no title but possession, nor are they bound to exhibit any other, until some title is exhibited by the plaintiffs. ”

“ The legislature has power to create a corporation; but it has no power to create one within the realm of Great Britain.
Neither the people of Vermont, nor the defendants, have ever known any thing of the society but its name. Nearly seventy years ago the charter of this town of Pawlet, containing the lands sued for, was issued in the name of the king. ”

“ The public have a deep and permanent interest in such charities; and that interest far outweighs all considerations of mere private convenience. The legislature of Vermont has thought so; for we shall find, in its subsequent legislation, that it has by a similar provision excepted from the operation of all the subsequent statutes of limitation, grants to such uses. There is then no reason why the court should construe the words of the ninth section as less extensive than their literal import. The case ought to be very strong, which would justify any court to depart from the terms of an act ”

“ The spirit of the rule which is claimed in this case should go further to protect a plaintiff showing some right, although not the whole right, than to maintain that one can sue who has shown no right at all. ”

“ A corporation can only act up to the end or design, whatever that may be, for which it was created by the founder. 1 Bl. Com. 480. Corporations cannot be seised of lands for the use of another. Bacon on Uses, 347. 1 Bl. Com. 477. The cases cited for the plaintiffs, of the effect of a grant of lands by the king to a corporation, do not sustain the principle.
It is alleged that the general assembly of Vermont, by several legislative acts, have recognized all grants made to the society, as made to an existing corporation. ”

“ The name given to the land in the lease 'known by the name of the society or propagation right,' is not the name in which the plaintiffs declare; it may be as well appropriated to one society as to another. ”

“ The state has no power over any foreign society or body whatsoever.
It is denied that an express declaration by the legislature, that the plaintiffs are a corporation and competent to sue, would have any operation. It has been settled in Vermont, on solid grounds, that it is not competent for the legislature to supply evidence to a party in a particular case. ”

“ The question then is, whether the act of 1820 does not take away the right to mesne profits in this case; for the state of facts does not show that any improvements have ever been made by the plaintiffs. The treaty of peace of 1783, the British treaty of 1794, do not apply to the case. The right of action, if any, of the plaintiffs, did not accrue until the year 1795. The entry then made by the defendants was the first ouster: and at that time, in the action of ejectment, the plaintiffs could not have recovered any damages; but would have been driven to an action of trespass for mesne profits. ”

“ In November 1800, an act was passed, declaring 'that in all actions of ejectment which now are, or hereafter may be brought, the plaintiff shall recover nothing for the mesne profits, except upon such part of said improvements as were made by the plaintiff, or plaintiffs, or such person or persons under whom he, she or they hold.' The act contained a proviso, that it should not extend to any person or persons in possession of any lands granted for public or pious uses. ”

“ The counsel then went into a particular examination of the statutes of Vermont on the subject of limitations: and contended, that the construction of the whole act of the 27th of October 1785 is; that when a person entered into possession of lands of another, to which he had purchased a title, supposing at the time of the purchase such title to be good in fee, he shall be entitled to recover of the owner the value of the improvements and one half of what said lands are risen in value ”

“ The action of ejectment generally is limited to fifteen years; and that time in all cases would regulate the other incidents of the action.
The reason why, that at common law there could be no recovery beyond six years, is because the damages must be recovered in an action of trespass, and that action was limited to six years.
The statute of 1797 merely changed the remedy to the form now used. Comp. L. 84. Toll. Ed. 90, 91. By this statute, the plaintiff is entitled to recover as well his damages, as the seisin and possession of the premises. ”

“ In this case, the claim of the plaintiffs is for the mesne profits of land which when first possessed was in a state of nature, and which has been made productive by the industrious improver. Every principle of justice would require that a claimant under a long dormant title, should not have a compensation for an occupancy which had confered upon the property such additional value.
In accordance with these principles, the legislature of Vermont have acted ”

“ None of the acts of the legislature recognize the right of any foreign company to take or hold land. The interference of the assembly was for purposes entirely distinct, if not adverse to such recognition. ”

“ In showing possession and acts of ownership, from which the legal title may be presumed.
2. In proving a particular title. 2 Stark. on Ev. 514. He who claims as heir, must prove the seisin of his ancestor; and afterwards that he is heir. A guardian in socage, who has an interest in the land, must in ejectment prove that his ward is heir; that he is guardian; that his ward is then under the age of fourteen. 2 Stark. on Ev. 521. These authorities show the error of the assumption that the defendants, having pleaded the general issue, admitted the right of the plaintiffs to sue as a corporation. ”

“ On the 16th of May 1794, an application was made to the society through the bishop of New York, by the episcopal convention of Vermont, requesting the society to convey, for the support of the episcopal church of that diocese, the land held by the society in Vermont, under grants from New Hampshire. ”

“ It is only an admission that the party named may sue, not that he has a right to recover what he sues for: either in the way he sues, or in any other. His title to recover in all such cases depends on his proof. The non-joinder of all the parties in interest in a suit is fatal ”

“ And if he got possession at any time by actual ouster of the legal owner, according to the fourth section, or had 'settled on lands granted or sequestered for public, pious, or charitable uses;' or had got the possession of lands by virtue of any contract with the legal owner, according to the ninth section; he could not recover for improvements, nor be protected by the clause of limitations. ”

“ The plaintiffs contend that the words 'this act,' ex vi termini, extend to the whole act. 2. That the proviso can only be limited by construction; and that statutes of limitations are construed strictly to save the rights of the legal owner, especially an act limiting actions to two years and eight months, without any saving clause in favour of persons beyond seas. The statute 12th of Hen. ”