Edgecumbe v. City of Burlington
Supreme Court of Vermont
Appeal from the court of chancery, Chittenden county. The orators were the widow and children of George Edgecumbe, late of Burlington, deceased, and claimed title to the land in question as devisees, under the will of the said Edgecumbe.
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Appeal from the court of chancery, Chittenden county. The orators were the widow and children of George Edgecumbe, late of Burlington, deceased, and claimed title to the land in question as devisees, under the will of the said Edgecumbe. The bill alleged, that on the 21st of September, 1869, the city of Burlington, through its board of aldermen, set out and sequestered from the lands of the orators, for the pretended purpose of enlarging the public burial-ground in said Burlington known as Green Mountain Cemetery, the lands particularly described in the proceedings of said city, a copy of…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The case has been argued mainly, 1st, on the question whether, in order to render the proceeding valid and *225effectual for sequestering the land^itwas indispensable that the land damage should have been paid or tendered within ten days after the recording of the return. The statute makes provision that before the land is taken, the owner shall have the damage' that has been awarded, and that, unless, it be paid within ten days after the recording of the proceedings, the land-owner may sue for and recover the same of the town. Whether the…
2Cited by1 opinion
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