Austin v. Rutland Railroad
Supreme Court of Vermont
Ejectment to recover certain premises in Burlington. Plea, the general issue, with notice of special matter of defense. Trial by jury, April term, 1871, Pierpoint, Oh. J., presiding.
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Ejectment to recover certain premises in Burlington. Plea, the general issue, with notice of special matter of defense. Trial by jury, April term, 1871, Pierpoint, Oh. J., presiding. The plaintiffs gave in evidence the original charter of Burlington, granted June 7, 1763, by which it appeared that said township was bounded west on “ the shore of Lake Champlain,” and was granted in seventy-two shares, of which one share was granted “ for the benefit of a school in said town” ; also, the proprietors’ records of said town, by which it appeared that by a 7th division among the proprietors, water…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
In this case the plaintiffs claim to recover possession of the premises in question, by reason of their title to an estate in remainder, under the will of their grandfather, Richard Fittoeks. In 1800, said Richard took a perpetual lease of water lot No. 10. Adjoining it on the south, was water lot No. 9. He took possession under said lease, and built a dwelling and storehouse on the easterly part of No. 10, the dwelling-house extending partly upon No. 9. He enclosed the easterly half of both of said lots with a fence, and occupied what was…
2Cases cited8 opinions
- Dutton v. StrongSupreme Court of the United States · 1861
- Inhabitants of East-Haven v. HemingwaySupreme Court of Connecticut · 1828
- Troy v. PotterSupreme Court of Vermont · 1869
- Hodges v. EddySupreme Court of Vermont · 1865
- Sturges v. KnappSupreme Court of Vermont · 1858
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3Cited by22 opinions
- Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
- Lincoln v. DavisMichigan Supreme Court · 1884
- Turner v. City of MobileSupreme Court of Alabama · 1902
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