St. Johnsbitry & Lake Champlain Railroad v. Willard
Supreme Court of Vermont
Petition, fpr the appointment of commissioners. Heard on commissioners’ report at the Jane term of the Caledonia County Court, 1886, Ross, J., presiding. Judgment for the defendant to recover of the petitioner the sum of $60, with interest from July 1st, 1880. Exceptions by the defendant.
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Petition, fpr the appointment of commissioners. Heard on commissioners’ report at the Jane term of the Caledonia County Court, 1886, Ross, J., presiding. Judgment for the defendant to recover of the petitioner the sum of $60, with interest from July 1st, 1880. Exceptions by the defendant. The commissioners' reported that the value of the entire 51-acres taken for railroad purposes was, at tfye time of the hearing in 1885, $125 ; that the value of the smaller parcel, being the 5 traeres less the 3¿ acres conveyed by Hovey, was $60, and that the value of both parcels was the same July 1st,…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
In 1869 Trudell mortgages to Brown. In 1871, the mortgage being overdue, but the mortgagor being still in possession, The Essex County Railroad Company, by virtue of some arrangement with the mortgagor, the terms of which do not, appear, and with the knowledge of the mortgagee, but, as far as appears, without any agreement with him, enters upon the land in question, and surveys, locates, and constructs its railroad *136across the same, and puts it in operation. In 1861 Iiovey. is. in adverse possession of 3¿ acres of the 5J acres in question,…
2Cases cited4 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Briggs v. TaylorSupreme Court of Vermont · 1855
- Wilson v. JamisonSupreme Court of Minnesota · 1886
- Carpenter v. MillardSupreme Court of Vermont · 1865
3Cited by8 opinions
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- New York, Ontario & Western Railway Co. v. LivingstonNew York Court of Appeals · 1924
- American Steel & Iron Co. v. TaftSupreme Court of Vermont · 1938
- McClarren v. Jefferson School TownshipIndiana Supreme Court · 1907
- Stevens v. Connecticut Co.Supreme Court of Connecticut · 1912
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