Pomeroy v. Mills
Supreme Court of Vermont
This was an action of ejectment for a small piece of land lying in tbe village of Burlington, with a printing office standing thereon. Plea, not guilty.
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This was an action of ejectment for a small piece of land lying in tbe village of Burlington, with a printing office standing thereon. Plea, not guilty. At the trial in the county court, TUBNEE, J., presiding, it appeared in evidence, that the land in question was a part of what was called the public square, which had been set apart for the use of the public by the proprietors of the town of Burlington ;-that as early as the year 1794 it was occupied as such ;-that in 179f, a court house was built on it for the use of the county, by directions of the select men of the town, and in 1796, a…
1Opinion of the Court
Prentiss, C. J.,
pronounced the opinion of the Court. — As early as 1794, the land, of which the premises in question form a part, then belonging to the proprietors of Burlington and undivided, was set apart for a public square or common. In 1795, a courthouse, and in 1796 a jail, were built upon it; and in 1798, the proprietors passed a vote, setting off the square “ for the use oí the public, for the erecting of all necessary county and town buildings for public use.” From 1794, until the defendants erected their building upon it in 1821, the square, forming an area of two acres and a half,…
2Cases cited1 opinion
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
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