State v. Woodward
Supreme Court of Vermont
Indictment for a nuisance, for inclosing a portion of a public common in in the town of Westford. Plea, not guilty, and trial by jury, March Term, 1849, — Bennett, J., presiding.
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Indictment for a nuisance, for inclosing a portion of a public common in in the town of Westford. Plea, not guilty, and trial by jury, March Term, 1849, — Bennett, J., presiding. On trial the prosecutor gave in evidence a deed from Lewis Curtis, administrator de bonis non of Luke Camp and administrator of Elizabeth Camp, to the town of Westford and the First Congregational Society in Westford, dated July 16, 1819, in which, after reciting, that Luke Camp, in his life time, had made a donation to the said society of two acres of land for a site for a meeting house, and that Elizabeth Camp had…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
Two questions only are raised by the bill of exceptions.
The first question involves the enquiry, whether the place, where the alleged nuisance was erected, was a public common. The land was purchased by the town of Westford as early as 1819, and it has been argued on behalf of the prosecution, that, b.y the deed of conveyance, the land was dedicated to the use of the public. But we think this proposition cannot be sustained. The deed from Curtis to the town will hardly bear such a construction. It is true, that by the deed .it appears, that…
2Cases cited1 opinion
- Beach v. HaynesSupreme Court of Vermont · 1840
3Cited by17 opinions
- State v. BerdettaIndiana Supreme Court · 1880
- State v. GoodnightTexas Supreme Court · 1888
- City of Fort Wayne v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- Buckhout v. City of NewportSupreme Court of Rhode Island · 1942
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