Burnell v. Maloney
Supreme Court of Vermont
Action on Ejectment. Plea, general issue, and trial by jury at the April Term, 1866, Steele, J., presiding. Verdict for the plaintiff for the premises demanded, and nominal damages. The question in dispute was with regard to the division line between the plaintiff’s and defendant’s land. They both own part of Marvin’s gore in Highgate, byJaileAlerived from one source. This goro is a triangle.
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Action on Ejectment. Plea, general issue, and trial by jury at the April Term, 1866, Steele, J., presiding. Verdict for the plaintiff for the premises demanded, and nominal damages. The question in dispute was with regard to the division line between the plaintiff’s and defendant’s land. They both own part of Marvin’s gore in Highgate, byJaileAlerived from one source. This goro is a triangle. The plaintiff’s deed covers the south part, commencing at the base and taking the whole triangle far enough north to give him one hundred and fifty acres, the north line to be parallel with Highgate town…
1Opinion of the Court
The opinion of the court was delivered by
Pieupoint, Ch. J.
It is insisted on the part of the defendant that what took place between Withers, Bebee and Wood, who were the owners of the entire gore in 1833, at the time the Saxe line, so called, was run, was conclusive upon them, and those who subsequently took title under them, and established the said Saxe line, as the true north line of the one hundred and fifty acre piece, now owned by the plaintiff.
• The principle seems to be established in several of the neighboring states, that when there is a disputed, indefinite or uncertain boundary…
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