Church v. Stiles
Supreme Court of Vermont
ActioN OK COVENANT. Plea, general' issue and notice. Trial by court, March Term, 1886, Veazey, J., presiding. Judgment for the defendant.
Read the full summary
ActioN OK COVENANT. Plea, general' issue and notice. Trial by court, March Term, 1886, Veazey, J., presiding. Judgment for the defendant. The plaintiff put in evidence a warranty deed from the defendant to the plaintiff, and offered to show that, before said deed was executed, the defendant pointed out to the plaintiff a certain fence some twenty feet or more east of the west line of the railroad land as his true east line, and pointed out a stake and stones as the corner' situated said distance east of the west line of the railroad lines, upon which the plaintiff relied. It was agreed that…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. This is an action upon the covenants in a deed; and it is conceded that the plaintiff has no right of recovery unless the description in the deed covers land owned by the railroad company, situate upon the easterly side of the land conveyed.
The line bounding the land conveyed is described in part as running ‘ ‘ to the railroad; thence on said railroad three three-fourth rods to stake and stones; thence southwesterly,” etc. The plaintiff claims that the description covers land to the centre of the railroad track or road-bed, upon the familiar…
2Cases cited2 opinions
- Bagley v. MorrillSupreme Court of Vermont · 1873
- Bryant v. Maine Central RailroadSupreme Judicial Court of Maine · 1887
3Cited by13 opinions
- Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
- Cuneo v. Champlin Refining Co.Supreme Court of Oklahoma · 1936
- Neill v. WardSupreme Court of Vermont · 1930
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- Stuart v. FoxSupreme Judicial Court of Maine · 1930
8 more not listed; retrieve them via the Exa API.