Palmer's Exr. v. Ryan
Supreme Court of Vermont
Ejectment. Plea, the general issue. Heard upon an agreed statement of facts at the September term, 1890, Taft, J., presiding. Judgment for the plaintiff. The defendant excepts. The land in question was originally owned by Palmer, who conveyed to Barna. and Jonathan Wood by warranty deed dated Oct. 19, 1861. This deed contained the following clause: “Provided and reserving that the said Barna.
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Ejectment. Plea, the general issue. Heard upon an agreed statement of facts at the September term, 1890, Taft, J., presiding. Judgment for the plaintiff. The defendant excepts. The land in question was originally owned by Palmer, who conveyed to Barna. and Jonathan Wood by warranty deed dated Oct. 19, 1861. This deed contained the following clause: “Provided and reserving that the said Barna. Wood and Jonathan Wood shall erect and hereafter maintain at their own expense, and that of their grantees, all of the division fence between us.” Tlie parcel embraced about ten acres of wood-land and…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
The warranty deed from Allen Palmer, plaintiff’s testate, to Barna. and Jonathan "Wood, after the usual covenants of seisson and warranty, contained the following clause: “ Provided and reserving that the said Barna. Wood and Jonathan Wood shall,erect and hereafter maintain at their own expense, and that of their grantees, all of the division fence between us.”
At the time of the execution and' delivery of this deed, the land conveyed by it, adjoined other land then owned by Palmer. The defendant holds title to the land conveyed to the…
2Cases cited4 opinions
- Lyon v. . HerseyNew York Court of Appeals · 1886
- Flagg v. EamesSupreme Court of Vermont · 1867
- Kittell v. Missisquoi R. R.Supreme Court of Vermont · 1883
- Waterman v. ClarkSupreme Court of Vermont · 1886
3Cited by6 opinions
- Hawley v. KafitzCalifornia Supreme Court · 1905
- President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928
- DeGoosh v. Baldwin & RussSupreme Court of Vermont · 1912
- Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Assn., Anthony J. Sineni and Merrimack Mortagage Co.Supreme Court of Vermont · 2016
- Marsh v. FishSupreme Court of Vermont · 1894
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