Adams v. Patrick
Supreme Court of Vermont
Appeal from the decree of the court of chancery. The hill was dated December 17, 1847, and set forth that on the 1st day of December, 1843, the orators, together with George S. Coffin and Perley S. Coffin, were the owners of a certain woollen factory, with Water privilege and other appurtenances; that the defendant owned a piece of land adjoining their factory; that the defendant agreed with the orators and the other owners of the factory, to give them the privilege of…
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Appeal from the decree of the court of chancery. The hill was dated December 17, 1847, and set forth that on the 1st day of December, 1843, the orators, together with George S. Coffin and Perley S. Coffin, were the owners of a certain woollen factory, with Water privilege and other appurtenances; that the defendant owned a piece of land adjoining their factory; that the defendant agreed with the orators and the other owners of the factory, to give them the privilege of digging and forever maintaining a ditch on the southerly side of Black river, on which their factory was situated, through…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The object of the bill is to compel a specific performance of a contract, and also to obtain a perpetual injunction against a suit at law, instituted by the defendant against Abraham Adams. It may be remarked, that the title of the Coffins in the factory, etc., passed to the orators before the suit was brought. The answer of the defendant admits that a contract was made, giving the right to dig and maintain the ditch, but sets it up somewhat variant from the contract set up in the bill, to which reference may be had, as well as to the answer.
2Cited by9 opinions
- Clark v. GliddenSupreme Court of Vermont · 1887
- Pocket v. AlmonSupreme Court of Vermont · 1916
- Montgomery v. EdwardsSupreme Court of Vermont · 1873
- Bird v. MunroeSupreme Judicial Court of Maine · 1877
- Olmstead v. AbbottSupreme Court of Vermont · 1888
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