Hill v. Western Vermont Railroad
Supreme Court of Vermont
Ejectment for three acres and ninety-three rods of land in Manchester. The case was referred and the referee found the following facts: The Western Vermont Railroad Company, by their directors; on the 10th of March, 1851, surveyed and laid out their road bed and appurtenances, including in such survey, as and for depot grounds, a certain tract of land in Manchester, of which the demanded premises were a portion. This survey was recorded in the proper town clerk’s offices.
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Ejectment for three acres and ninety-three rods of land in Manchester. The case was referred and the referee found the following facts: The Western Vermont Railroad Company, by their directors; on the 10th of March, 1851, surveyed and laid out their road bed and appurtenances, including in such survey, as and for depot grounds, a certain tract of land in Manchester, of which the demanded premises were a portion. This survey was recorded in the proper town clerk’s offices. This tract of land was purchased and taken by the railroad company under a bond, executed to them by Josiah Burton, dated…
1Opinion of the Court
Redeield, Oh. J.
This is an action of ejectment to recover possession of certain lands which the defendants purchased of one Burton for depot purposes, about one of their stations, and which the referee in this case has found were not necessary for the present or prospective use of the company, for that purpose, the excess, according to the opinion of the referee, being some acres. The plaintiff, being a creditor of the company, levied upon this excess, together with a considerable number of acres more which the referee finds are necessary for the use of the company, for the purposes for which…
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