Goodall v. Godfrey
Supreme Court of Vermont
Action of trespass on the freehold, for entering the plaintiff’s close in Bennington village with a strong hand, &o., and demolishing a shed. Writ dated January 9, 1878. Plea, general issue and notice. Trial by jury, December Term, 1878, Bennington County, Dunton, J., presiding. Verdict for the defendant. Jacob Lyons formerly owned the described close, with what are now three other adjacent lots.
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Action of trespass on the freehold, for entering the plaintiff’s close in Bennington village with a strong hand, &o., and demolishing a shed. Writ dated January 9, 1878. Plea, general issue and notice. Trial by jury, December Term, 1878, Bennington County, Dunton, J., presiding. Verdict for the defendant. Jacob Lyons formerly owned the described close, with what are now three other adjacent lots. He used the premises in his lifetime for a tavern stand; and they were so psed for some time after his death, which occurred in 1844. The building fronted the main street in Bennington village ; back…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The question in this case, upon the undisputed facts, is, whether, in the division of the tavern property after the decease of Jacob Lyons in 1844, a right of way was set out, by implication, to the middle tenement around the adjoining east or west tenement.
The plaintiff’s counsel, relying on the distinction recognized in the books between what are called apparent and continuous easements, and discontinuous easements, the former being defined to be those which are constant and visible, without any act of the individual in their use, and the…
2Cases cited9 opinions
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Morrison v. MarquardtSupreme Court of Iowa · 1867
- Harwood v. Benton & JonesSupreme Court of Vermont · 1860
- Wilkie v. HallSupreme Court of Connecticut · 1842
- Hoffman v. SavageMassachusetts Supreme Judicial Court · 1818
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stuart v. Lake Washington Realty Corp.West Virginia Supreme Court · 1956
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
- Ellis v. BassettIndiana Supreme Court · 1891
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Brasington v. WilliamsSupreme Court of South Carolina · 1927
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