Tarbell v. Tarbell
Supreme Court of Vermont
Bill in chancery to correct a deed. Heard on plea in bar to the bill, December Term, 1883, Rowell, Chancellor. Plea allowed, and bill dismissed.
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Bill in chancery to correct a deed. Heard on plea in bar to the bill, December Term, 1883, Rowell, Chancellor. Plea allowed, and bill dismissed. The defendant’s plea set forth that, A. N. King, at the December Term, 1879, brought his bill of complaint against the said W. J. Tarbell, alleging, that, he, King, was the owner of the land in question; that the land, “through inadvertence or mistake,” was included in the deed from Daniel and George Tarbell to the defendant; and that he prayed for an injunction to restrain the defendant from interfering with the land. The plea also set forth, that,…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This bill was brought to correct a-deed given by the orators to the defendant. The orators claim that a strip of land, six feet in width, belonging to A. N. King, was included in the description in the deed by mistake. The title to the six feet in controversy has been adjudi*495cated in a proceeding, between King and the defendant, which terminated in favor of King. In this latter proceeding, the orators were vouched in by the defendant, William J. Tarbell, to defend his title; and William J. claims that the orators are bound by that adjudication,…
2Cited by3 opinions
- Dietrich v. HutchinsonSupreme Court of Vermont · 1908
- Priest v. Foster & JaquithSupreme Court of Vermont · 1897
- Tudor v. KennettSupreme Court of Vermont · 1914