Cole v. Haynes
Supreme Court of Vermont
Ejectment for land in Williston. Plea, the general issue, and trial by jury, March Term, 1849, — Bennett, J., presiding.
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Ejectment for land in Williston. Plea, the general issue, and trial by jury, March Term, 1849, — Bennett, J., presiding. On trial the plaintiff, among other testimony to prove his title to the demanded premises, gave in evidence the record of a judgment in favor of Moses Catlin against Daniel Hurlburt, and the levy of an execution, which issued theron, upon several parcels of land, as the property of Hurlburt, and conveyances to himself, from Catlin, of the land so levied upon. The third parcel of land levied upon was described in the officer’s return in these words; — “ Beginning at the “…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The plaintiff seeks in this action to recover land formerly included in a highway. He derives his alleged title under the levy of an execution, made in 1831, and while the road, or highway, was in use as a public thoroughfare. The question in dispute is, whether the levy operated to pass a title in any portion of the highway ; and it arises upon the descripton of the third tract of land taken by the levy. The second line in that description extends the eastern boundary from a certain point north, nineteen degrees west, three chains and…
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- Whittier v. ParmenterSupreme Court of Vermont · 1916
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