Gilman v. Smith
Supreme Court of Vermont
Trespass, upon a lot of land in St. Albans. Plea, not guilty. Issue to the country. On the trial, in the county court, the plaintiff gave in evidence, a deed from Thomas Brush to Amos Morrill, dated March 30, 1795, of the following described land, lying in St. Albans, viz:— “ Beginning at the south-east corner of lot No. 27 ; then “ running east, 36 deg. south, 320 rods; then north, 36 deg.
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Trespass, upon a lot of land in St. Albans. Plea, not guilty. Issue to the country. On the trial, in the county court, the plaintiff gave in evidence, a deed from Thomas Brush to Amos Morrill, dated March 30, 1795, of the following described land, lying in St. Albans, viz:— “ Beginning at the south-east corner of lot No. 27 ; then “ running east, 36 deg. south, 320 rods; then north, 36 deg. “ east, 78 rods, meaning to take three quarters of the lots “ No. 28 and 29, and three acres and 105 rods included in “ this description ; then west, 36 deg. north, to the highway; “ then turning south, on…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— Wherever, in the grant of land, there is a well known and well ascertained place of beginning, that must govern, and the grant must be confined within the boundaries given in the deed. In the deed from Brush to Morrill, the place of beginning is the south east corner of lot No. 27, and the courses and distances are all specifically given in the description of the land, specified in the grant. The lots in question were supposed to contain, each, only one hundred acres and were originally run out for one hundred acre lots. The fact that they…
2Cited by8 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Parrow v. ProulxSupreme Court of Vermont · 1940
- Spiller v. ScribnerSupreme Court of Vermont · 1863
- Morrow v. WillardSupreme Court of Vermont · 1857
- Clement v. Bank of RutlandSupreme Court of Vermont · 1889
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