Holden v. Chandler
Supreme Court of Vermont
This was an action of trespass to the freehold. Plea, the general issue. Trial by court at the December Term, 1887, ■Orange County, Ross, J., presiding. The trespass complained of was the cutting and carrying away ■of certain willows and bushes. The court found that the locus in question was a part of the original mill pond, which by gradual accretions had become dry land and lay contiguous to the plaintiff’s land.
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This was an action of trespass to the freehold. Plea, the general issue. Trial by court at the December Term, 1887, ■Orange County, Ross, J., presiding. The trespass complained of was the cutting and carrying away ■of certain willows and bushes. The court found that the locus in question was a part of the original mill pond, which by gradual accretions had become dry land and lay contiguous to the plaintiff’s land. No minute of the deeds under which the -parties claimed title was furnished the reporter, but the questions ■raised upon them are sufficiently stated in the opipion. The court…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The plaintiff claims under a deed from Sargent’s ■estate and his land is therein described as bounded in part by Waldo’s mill pond. On the face of the deed his line would be the center of the pond or stream forming it, but in fact its location would depend upon whether his grantor owned to the center or not. • When land is conveyed as bounded by a stream the-grantee takes to the center if the grantor owns so far. It is an inference of law that the conveyance carries with it the fee to-the center; there is no such inference if the grantor does…
2Cases cited3 opinions
- Cook v. . McClureNew York Court of Appeals · 1874
- Maynard v. WeeksSupreme Court of Vermont · 1869
- Eddy v. St. MarsSupreme Court of Vermont · 1881
3Cited by4 opinions
- Fuller v. ColeSuperior Court of Pennsylvania · 1907
- Town of Castleton v. FucciSupreme Court of Vermont · 1981
- Bemis v. BemisSupreme Court of Vermont · 1940
- Jenkins v. PalmerSupreme Court of New Hampshire · 1902