Judevine v. Goodrich
Supreme Court of Vermont
Trespass for taking a quantity of stone. The cause was referred and the referee made the following report : “ On the 4th of November, 1851, the plaintiffs being the owners of the ‘French Meeting House’ in Hardwick, and about three acres of land, on which the same was situated, conveyed the land by deed of that date, to Justus D. Goodrich, the son of the defendant, with the following reservations in the deed : 4 Ever reserving the said meeting-house and meeting-house sheds,…
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Trespass for taking a quantity of stone. The cause was referred and the referee made the following report : “ On the 4th of November, 1851, the plaintiffs being the owners of the ‘French Meeting House’ in Hardwick, and about three acres of land, on which the same was situated, conveyed the land by deed of that date, to Justus D. Goodrich, the son of the defendant, with the following reservations in the deed : 4 Ever reserving the said meeting-house and meeting-house sheds, and all stones on the premises, and the privilege of getting said house, sheds and stone off from the premises till the…
1Opinion of the CourtKellogg, J.
The reservation in the deed executed by the plaintiffs to the. defendant’s son, under whom the defendant justifies the trespass complained of, is qualified by the limitation of the time within which the plaintiffs were to take the property reserved off from the premises conveyed, and should have no other or greater effect than would result from a license to remove the property within the same period of time. The reservation is of a part of the realty, and on condition that the plaintiffs should remove the property reserved by the 1st April, 1853. The intention of the¿>arties, as collected…
2Cited by12 opinions
- Adkins v. HuffWest Virginia Supreme Court · 1906
- Ballard v. BurtonSupreme Court of Vermont · 1892
- DeGoosh v. Baldwin & RussSupreme Court of Vermont · 1912
- Perkins v. StockwellMassachusetts Supreme Judicial Court · 1881
- Taplin & Rowell v. ClarkSupreme Court of Vermont · 1915
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