Boutwell v. Champlain Realty Co.
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to tbe bill at tbe June Term, 1914, "Windsor County, Miles, Chancellor. Demurrer sustained, pro forma, and bill adjudged insufficient and dismissed, with costs to the defendants. Tbe plaintiffs appealed.
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Appeal in Chancery. Heard on demurrer to tbe bill at tbe June Term, 1914, "Windsor County, Miles, Chancellor. Demurrer sustained, pro forma, and bill adjudged insufficient and dismissed, with costs to the defendants. Tbe plaintiffs appealed. The allegations of the bill show the following facts. ’ On the second day of October, 1895, by deed of conveyance to them, duly recorded in the land records of the town of Rochester, the plaintiffs became the conditional owners of a certain tract or parcel of land, with the appurtenances thereof, situated in the towns of Rochester and Pittsfield in this…
1Opinion of the CourtWatson, J.
It will be noticed by the statement of the facts in the bill that the plaintiffs’ lands are bounded on the west by lands of Kezer and Emerson; that “White River flows in a southerly direction along the westerly portion” of the plaintiffs’ lands; and that the portion of their farm alleged to have been damaged by the floating of logs on the river, is “adjacent to said river.” The import of the allegations in these respects may or may not be the same, in legal effect, as a statement that their land is bounded on the west by the river, or that their west line or boundary is along the river. There…
2Cases cited39 opinions
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
- Sweet v. RechelSupreme Court of the United States · 1895
- Pound v. TurckSupreme Court of the United States · 1878
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Brown v. ChadbourneSupreme Judicial Court of Maine · 1849
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3Cited by11 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Ryals v. PigottMississippi Supreme Court · 1990
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- Rossi v. DelDucaMassachusetts Supreme Judicial Court · 1962
- Town of Brattleboro v. Carpenter Tr.Supreme Court of Vermont · 1932
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