Judd v. Leonard
Supreme Court of Vermont
THIS was an action of ejectment for a small tract of land, on the west side, of Otter Creek, in the village of Middlebury, described by metes and bounds. Plea — the general issue. It appeared in evidence, that Appleton Foot, being the owner of a larger tract of land, including the premises, had, in the year 1798, conveyed to Joseph Cook and Anthony Rhodes, a small tract, fifty feet square, with a right of way thus described in the conveyance.
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THIS was an action of ejectment for a small tract of land, on the west side, of Otter Creek, in the village of Middlebury, described by metes and bounds. Plea — the general issue. It appeared in evidence, that Appleton Foot, being the owner of a larger tract of land, including the premises, had, in the year 1798, conveyed to Joseph Cook and Anthony Rhodes, a small tract, fifty feet square, with a right of way thus described in the conveyance. “ With a right of way from the highway to the easterly end of the small tract, fifty feet square, between the house of the grantor (now' Leonards) and…
1Opinion of the Court
The council for the plaintiff contended, that an action of ejectment would lie in this case. That at common law, the owner of the land adjoining a highway, who is considered as the owner of the soil of the highway, may maintain an action of ejectment, against a person encroaching upon, or inclosing any part of the highway. Ch. J. — That is the case in England, and, I presume in this State also, but that is a very different case from the present. There, the plaintiff is the owner of the soil of the highway, in which the king has an easement for all his subjects, and the recovery in ejectment…
2Cited by3 opinions
- Harrington v. City of Port HuronMichigan Supreme Court · 1891
- Scampini Et Ux. v. RizziSupreme Court of Vermont · 1934
- Rutland Railroad v. ChaffeeSupreme Court of Vermont · 1899