State v. Atkinson
Supreme Court of Vermont
Indictment, for erecting and continuing a nuisance on a public common in Newbury. Plea, not guilty, and trial by jury. The attorney for the State read in evidence a copy of a quitclaim deed from William B. Bannister to Thomas Johnson, and 32 others, dated May 23, 1801, conveying the premises upon which the alledged nuisance was erected.
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Indictment, for erecting and continuing a nuisance on a public common in Newbury. Plea, not guilty, and trial by jury. The attorney for the State read in evidence a copy of a quitclaim deed from William B. Bannister to Thomas Johnson, and 32 others, dated May 23, 1801, conveying the premises upon which the alledged nuisance was erected. The habendum of which is as follows:— “ To have and to hold the said bargained, granted and quitclaim- “ ed premises to them the said [naming all the grantees] their “ heirs and assigns forever, under the conditions, limitations, re“servations and remainders,…
1Opinion of the Court
The opinion of the court was delivered by
Isiiam, J.
The questions in this case arise upon the construction of the deed from Bannister to Thomas Johnson and others, and involves the inquiry, in whom is vested the title to the premises therein described, and whether the erection of the school house by the district was an appropriation of the use of the land consistent with its provisions. The object of the conveyance is definitely set forth in the deed, and whether the title of the land remains in the grantees, or has passed under its provisions to the town of Newbury, they are alike chargeable…
2Cases cited1 opinion
- State v. WilkinsonSupreme Court of Vermont · 1829
3Cited by4 opinions
- State v. GoodnightTexas Supreme Court · 1888
- City of Omaha v. FloodNebraska Supreme Court · 1898
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoAppellate Court of Illinois · 1895
- Schott v. StateCourt of Appeals of Texas · 1880