Elliott v. Jenkins
Supreme Court of Vermont
Bill in Chancery. Heard on master’s report and exceptions thereto at the December Term, 1895, Caledonia County. . Ross, Chancellor, overruled the exceptions and decreed that the defendant be perpetually enjoined from all use of the disputed land except for highway purposes as one of the public. The evidence upon which the master found the facts recited in the opinion respecting the defendant’s equitable title was received against the objection and exception of the orators.
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Bill in Chancery. Heard on master’s report and exceptions thereto at the December Term, 1895, Caledonia County. . Ross, Chancellor, overruled the exceptions and decreed that the defendant be perpetually enjoined from all use of the disputed land except for highway purposes as one of the public. The evidence upon which the master found the facts recited in the opinion respecting the defendant’s equitable title was received against the objection and exception of the orators. The defendant purchased and took possession of the disputed land from Buzzell in May, 1871, and was ever afterwards the…
1Opinion of the CourtStart, J.
The defendant is the owner of a house and lot situated on the west side of Pleasant Street and north side of Buzzell street in the village of St. Johnsbury. The lot on the south side of Buzzell street is owned by one Leeth, and the orator’s lot is situated at the west end of Buzzell street and the defendant’s lot. Prior to May, 1871, and before Buzzell street was laid out and the land over which it passes dedicated to the public for a street, Luke Buzzell owned all of the land now owned by the orators and the defendant. In May, 1871, the defendant purchased of Buzzell his lot and that part of…
2Cases cited9 opinions
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- City of Dubuque v. MaloneySupreme Court of Iowa · 1859
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- Maynard v. WeeksSupreme Court of Vermont · 1869
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