Knapp v. Town of Marlboro
Supreme Court of Vermont
This was an action of covenant broken. Plea, the general issue and general pleas in bar — trial by jury. The plaintiff gave in evidence 'the charter of the town of Marlboro, dated April 27, 1751, showing one right reserved to the use of schools; also, a plan of the town, showing th^at said right was allotted as right No. 57, and that said right was and is situated in the northwest corner of said town.
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This was an action of covenant broken. Plea, the general issue and general pleas in bar — trial by jury. The plaintiff gave in evidence 'the charter of the town of Marlboro, dated April 27, 1751, showing one right reserved to the use of schools; also, a plan of the town, showing th^at said right was allotted as right No. 57, and that said right was and is situated in the northwest corner of said town. It also appeared that said right No. 57 was and is bounded on the north by the town of Dover. The plaintiff further offered in evidence a copy of a lease from the selectmen of Marlboro to…
1Opinion of the CourtKellogg, J.
The town of Marlboro, the party defendant in this suit, conveyed to one Jonathan Rising, by a lease executed by its selectmen on the Cth April, 1795, a lot of land, duly allotted to the right for the support of schools, which was situated *238in town, and bounded on the north by the north line of the town. The plaintiff, who occupied a portion of that lot abutting on the north line of the town under conveyances transfermg to him the title thereto which was conveyed by this lease to Rising, brought the present action against the town for the breach of the covenant in the lease for quiet enjoyment,…
2Cases cited3 opinions
- Knapp v. Town of MarlboroSupreme Court of Vermont · 1857
- Carpenter v. PierSupreme Court of Vermont · 1858
- Knapp v. Town of MarlboroSupreme Court of Vermont · 1859
3Cited by4 opinions
- Jennings v. KiernanOregon Supreme Court · 1898
- Bedell v. ChristySupreme Court of Kansas · 1901
- Covell v. BostwickU.S. Circuit Court for the District of Southern New York · 1889
- Baltimore Steam Packet Co. v. GarrisonNew York Court of Common Pleas · 1875