Barber v. Bailey
Supreme Court of Vermont
Appeal in Chancery. Heard at the December Term, 1910, Orange Comity, Stanton, Chancellor, on the pleadings and findings of fact by the chancellor. Decree for the orator. The defendant appealed. The opinion states the ease. It will be noticed that there is no finding, one way or the other, as to whether the defendant used this right of way under a claim of right, but his conduct was such that it showed that he did.
Read the full summary
Appeal in Chancery. Heard at the December Term, 1910, Orange Comity, Stanton, Chancellor, on the pleadings and findings of fact by the chancellor. Decree for the orator. The defendant appealed. The opinion states the ease. It will be noticed that there is no finding, one way or the other, as to whether the defendant used this right of way under a claim of right, but his conduct was such that it showed that he did. Moreover, he expressly alleged it in his answer and there was no evidence to the contrary. The answer directly controverted that and was exactly responsive to the allegations of the…
1Opinion of the CourtPowers, J.
The orator owns a piece of land on the northerly side of Pine Street, in' the village of Newbury, known as the “Spring House Pasture.” The defendant lives in a house which stands just north of this pasture, and has lived there since sometime in 1846. During all this "time, he, and the members of his family, in going to and from Pine Street and the postoffiee, have taken a “short cut” through the pasture. No one has ever objected to this until on December 2, 1908, the orator asked the defendant to take and carry away a certain timber which he, the defendant, had used as a bridge over a *222small…
2Cases cited23 opinions
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Tracy v. AthertonSupreme Court of Vermont · 1863
- Perrin v. GarfieldSupreme Court of Vermont · 1864
- Stoddard v. Van BussumNew Jersey Court of Chancery · 1898
- Arbuckle v. WardSupreme Court of Vermont · 1856
18 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Community Feed Store, Inc. v. Northeastern Culvert Corp.Supreme Court of Vermont · 1989
- Gowen v. SwainSupreme Court of New Hampshire · 1939
- Phillips v. BonadiesSupreme Court of Connecticut · 1927
- Raithel Et Ux. v. HallSupreme Court of Vermont · 1925
26 more not listed; retrieve them via the Exa API.