Orr v. Clark
Supreme Court of Vermont
Rill in chancery, brought by the oratrix to establish her title to a certain parcel of land. Heard on bill, answer and master’s report at the September Term, 1889. Powers, Chancellor*, dismissed the bill with costs. The oratrix appeals. The nature of the case sufficiently appears in the opinion. The oratrix, by her bill, prayed : 1st. That the defendants be enjoined from interfering, with her possession of the premises in dispute. 2d.
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Rill in chancery, brought by the oratrix to establish her title to a certain parcel of land. Heard on bill, answer and master’s report at the September Term, 1889. Powers, Chancellor*, dismissed the bill with costs. The oratrix appeals. The nature of the case sufficiently appears in the opinion. The oratrix, by her bill, prayed : 1st. That the defendants be enjoined from interfering, with her possession of the premises in dispute. 2d. That, they be decreed to produce the original written instrument, whose terms were in controversy, or, if not in their possession, to account for the loss of…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
The case is this: The land in controversy was owned in fee by Alzina J. Whitcomb, who died intestate, December 15, 1874. Her husband, Austin S. Whitcomb, died May 14, 1887. Their only children and heirs were Alta J. Clark and Ella T. Orr, who, soon after their mother’s decease, executed between themselves a written instrument by which they agreed that their father, the said Whitcomb, should have the occupation and use of said land during his life and at his ■ decease the survivor of the'sisters should take the fee. Alta J. was the wife of…
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