Brown v. Lamphear
Supreme Court of Vermont
Bill in Chancery.- The bill charged that in March, 1856; the orator sold and conveyed to Amos A. Brown, a ten acre pasture in 'Whitingham, for $120, in which pasture was a spring, which supplied the house owned and occupied by the orator, and also several other houses owned and rented by him, with water; that in the bargain with Amos Brown and in the deed to him, the orator reserved the use of the spring and the right to bring water from it to supply his various houses, by…
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Bill in Chancery.- The bill charged that in March, 1856; the orator sold and conveyed to Amos A. Brown, a ten acre pasture in 'Whitingham, for $120, in which pasture was a spring, which supplied the house owned and occupied by the orator, and also several other houses owned and rented by him, with water; that in the bargain with Amos Brown and in the deed to him, the orator reserved the use of the spring and the right to bring water from it to supply his various houses, by pipes, aqueduct, &c.; that Amos Brown went into possession of the pasture, but neglected to put his deed on record ; that…
1Opinion of the CourtKellogg, J.
The complainant conveyed to the defendant by a deed bearing date on the 18th April, 1856, a parcel of land, situated near the village of Jacksonville, in the town of Whitingham, and containing about ten acres. The deed was a deed of warranty in the usual form, and did not contain any reservations or exceptions. The complainant by his bill now seeks to have that deed reformed on the ground of an alleged mistake in omitting to insert in it a reservation of a certain spring of water situated on the land conveyed, with the right to take water therefrom by means of a pipe or aqueduct, which was…
2Cited by29 opinions
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- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Werner v. RawsonSupreme Court of Georgia · 1892
- Page v. HigginsMassachusetts Supreme Judicial Court · 1889
- Griffith v. TownleySupreme Court of Missouri · 1878
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