Johnson v. Bayley
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery, that the defendant execute and deliver to the orator a deed of quit claim, of a lot of land in Newbury, containing one hundred acres, being lot No. 55. The orator, in his bill, set forth and charged, among other things, in substance, that on the 18th day of May, 1763, the governor of New-Hampshire granted a charier of the town of Newbury, in the county of Orange, to Jacob Bayley, John Hugh and certain other persons…
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This was an appeal from a decree of the court of chancery, that the defendant execute and deliver to the orator a deed of quit claim, of a lot of land in Newbury, containing one hundred acres, being lot No. 55. The orator, in his bill, set forth and charged, among other things, in substance, that on the 18th day of May, 1763, the governor of New-Hampshire granted a charier of the town of Newbury, in the county of Orange, to Jacob Bayley, John Hugh and certain other persons therein named ; that, immediately afterwards, viz., in 1763, the said grantees took possession of said town, caused the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The orator states in his bill, that he is the equitable owner of lot, No. 55, in Newbury ; that the legal title was in Jacob Bayley at the time of his death, and that his administrator had, by his deed, conveyed this title to the defendant in violation of the trust and duty of Jacob Bayley, which devolved on his administrator.
It appears that in 1763, Benning Wentworth, then governor of New-Hampshire, and then exercising jurisdiction over the territory comprehending the town of Newbury, granted the same to seventy-five proprietors, of…
2Cited by1 opinion
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