Legal Opinion

Fletcher v. Phelps

Supreme Court of Vermont

Decided January 15, 1856PublishedCited by 22 opinions

Assumpsit, founded upon a written agreement of the defendants to pay the plaintiff twenty-two dollars for each acre of a farm of land in South Hero, deeded by the plaintiff to Samuel Phelps and George Phelps. Plea, the general issue; trial by jury, August Term, 1854, — Peck, J., presiding.

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Assumpsit, founded upon a written agreement of the defendants to pay the plaintiff twenty-two dollars for each acre of a farm of land in South Hero, deeded by the plaintiff to Samuel Phelps and George Phelps. Plea, the general issue; trial by jury, August Term, 1854, — Peck, J., presiding. The land deeded to Samuel and George Phelps was described in the plaintiff’s deed as the south part of lot No. 88, bounded north by Abner Keeler’s land, east by the lake and the creek, south by lands of Gardner Tracy, and west by lot No. 89. The only question in dispute was in reference to the eastern…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in September, by

Isham, J.

The question in this case is one of boundary. The matter in dispute is determined by ascertaining the eastern line of the lot which was conveyed by the plaintiff to George and Samuel Phelps, by his deed of May 4, 1850. The question becomes important in order to determine the number of acres embraced in the *261deed, for which the defendants are to pay the plaintiff, per acre, the price stipulated in their contract. The lot is described in the deed as being bounded on the “lake and the creek.” The plaintiff…

2Cases cited6 opinions

  1. Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
  3. Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  4. Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
  5. Howe v. BassMassachusetts Supreme Judicial Court · 1807

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
  2. State v. KorrerSupreme Court of Minnesota · 1914
  3. Lincoln v. DavisMichigan Supreme Court · 1884
  4. State v. Portsmouth Savings BankIndiana Supreme Court · 1886
  5. Hazen v. PerkinsSupreme Court of Vermont · 1918

17 more not listed; retrieve them via the Exa API.

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