Vermont Central Rail Road v. Estate of Hills
Supreme Court of Vermont
Tins case was referred, under a rule from the county court for the county of Washington ; and the referee reported the facts substantially as follows. In 1846, Zerah Hills, now deceased, owned a building lot, with buildings thereon, in the village of Middlesex, through which lot the rail road of the Vermont Central Rail Road Company was located.
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Tins case was referred, under a rule from the county court for the county of Washington ; and the referee reported the facts substantially as follows. In 1846, Zerah Hills, now deceased, owned a building lot, with buildings thereon, in the village of Middlesex, through which lot the rail road of the Vermont Central Rail Road Company was located. From about the year 1830 Hills had supplied the house upon the premises with water brought in a wooden aqueduct a distance of about thirty rods. On the first day of April, 1839, Hills, by written lease, duly executed, granted to Jesse Johnson, Jr.,…
1Opinion of the Court
By the Court.
It is very obvious, that oral evidence of con. versations between the parties, previous to the execution of the deed, cannot, in a court of law, be allowed to control the deed. The party must be content to abide by the deed, as he gave it. That is general, without condition, or reservation. We think it must have *685the effect to convey the land, with all the privileges of drawing water from other portions of the grantors’ land, which were then in use, as appurtenant to the land. It would be wonderful, if this were not so, in ordinary cases of deeds of land with artificial ponds and…
2Cases cited1 opinion
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- Smith v. FitzgeraldSupreme Court of Vermont · 1887
- Cogswell v. CogswellWashington Supreme Court · 1914
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