Legal Opinion

Town of Pownal v. Myers

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 3 opinions

Ejectment for land in Pownal, being a part of the lot reserved by the charter to the first settled minister in said town. Plea, the general issue, and trial by the jury.

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Ejectment for land in Pownal, being a part of the lot reserved by the charter to the first settled minister in said town. Plea, the general issue, and trial by the jury. On trial the plaintiffs introduced the records of the towii of Pownal showing the appointment of a committee, at a town meeting holden on the 16th day of November, 1789, to examine the claim of Elder Benjamin Gardner to the ministerial right in the town, and, if they found his claim valid, to take a deed of the land from him-, according to certain propositions he had made; together with the report of said committee, that his…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This is ejectment for certain lands, which originally formed a portion of the right granted to the first settled minister in the town of Pownal. It would seem, from the proceedings of the town in relation to this right, that as early as the year 1789 they distinctly, by vote, recognized the right of Elder Benjamin Gardner to this land in fee, and received from him a deed of gift to the selectmen of the town, and their successors in office, of the right for the “ use and support of a gospel minister or ministers” in the town. This deed is…

2Cases cited3 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Beach v. BeachSupreme Court of Vermont · 1842
  3. Rathbone v. WarrenNew York Supreme Court · 1809

3Cited by3 opinions

  1. Bristol Savings Bank v. JuddSupreme Court of Iowa · 1902
  2. Flint v. SteadmanSupreme Court of Vermont · 1863
  3. Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936

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