Rood v. Johnson
Supreme Court of Vermont
Action on the case. There weretwo suits, both involving nearly the same question, and both suits were referred to the same referees, under rules of court, who reported substantially the following facts: That both the plaintiffs and defendant derived titles, upon which their respective claims are based from one George N. Stevens, whose title was not questioned by either party.
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Action on the case. There weretwo suits, both involving nearly the same question, and both suits were referred to the same referees, under rules of court, who reported substantially the following facts: That both the plaintiffs and defendant derived titles, upon which their respective claims are based from one George N. Stevens, whose title was not questioned by either party. The deed under which defendant claims, is dated the 26th day of March, 1832, and the description of the premises conveyed by said deed is as follows : “ Beginning in the channel of Huntington River, on the “ southerly…
1Opinion of the Court
The opinion of the court was delivered by
Eed field, Ch. J.
I. In regard to the extent of the grant, in this ease, from Stevens to defendant, we have not been able to see that there is really any very great uncertainty. The description of th¿ thing intended to be conveyed, so far as the water right is concerned, is somewhat inartificially drawn. And it is perhaps fairly susceptible of receiving such a construction as to give it somewhat the air of indefiniteness. This is often the case, when we attempt to apply the strict rules of construction to the precise words used, not sufficiently keeping…
2Cases cited5 opinions
- Adams v. WarnerSupreme Court of Vermont · 1851
- Woodbury v. ShortSupreme Court of Vermont · 1845
- Gray v. Clark & PutnamSupreme Court of Vermont · 1839
- Pratt v. BryantSupreme Court of Vermont · 1848
- Rogers v. BancroftSupreme Court of Vermont · 1848
3Cited by7 opinions
- Lawrie v. SilsbySupreme Court of Vermont · 1904
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
- Cram v. ChaseSupreme Court of Rhode Island · 1913
- Miller v. LaphamSupreme Court of Vermont · 1872
- Arnold v. FarrSupreme Court of Vermont · 1889
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