Walker v. Pierce
Supreme Court of Vermont
Appeal from Chancery. The orator alleged in ¿is bill that in April, 1860, he purchased of the defendant the easterly portion of certain described premises in Woodstock, together with a pass way round the west end of the building on said premises, and along in rear thereof to the premises purchased by the orator ; that he converted his portion of the building into a dwelling house and moved in with his family; that the defendant knew this was the orator’s design when he made…
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Appeal from Chancery. The orator alleged in ¿is bill that in April, 1860, he purchased of the defendant the easterly portion of certain described premises in Woodstock, together with a pass way round the west end of the building on said premises, and along in rear thereof to the premises purchased by the orator ; that he converted his portion of the building into a dwelling house and moved in with his family; that the defendant knew this was the orator’s design when he made the purchase ; that the only Way to get to the rear of his house was by said passway; that without it the occupant of…
1Opinion of the Court
The opinion of the court was delivered by
Reck, J.
The deed from the defendant to the orator, conveying the easterly portion of the building, grants to the orator '■'■the right” to use the common passway uat the west end of the building, also a right to a passiuay therefrom to the rear of the portion of the building hereby conveyed, to be forever so fenced and provided with a gateway as to give said Walker, his heirs and assigns, room to pass of the width of a common cartway for all necessary and ordinary household purposes,i to the rear of the building herein conveyed.” This is the language of…
2Cited by12 opinions
- Schroeder v. TaylorSupreme Court of Connecticut · 1926
- Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
- Cahill v. LaytonWisconsin Supreme Court · 1883
- Peck v. MacKowskySupreme Court of Connecticut · 1912
- Dunham v. DodgeMassachusetts Supreme Judicial Court · 1920
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