Wheaton v. Cutler
Supreme Court of Vermont
Appeal in Chancery, Washington County. Q Heard at Chambers on June 11, 1910, on the pleadings, findings of fact by the chancellor, and the orator’s exceptions thereto. Exceptions overruled, and bill dismissed with costs to the defendant. The orators appealed. The opinion states the case.
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Appeal in Chancery, Washington County. Q Heard at Chambers on June 11, 1910, on the pleadings, findings of fact by the chancellor, and the orator’s exceptions thereto. Exceptions overruled, and bill dismissed with costs to the defendant. The orators appealed. The opinion states the case. The orators have good title to the sheds in question as against the defendant,. for mere occupancy of land, however recent, gives the possessor a title against every one who cannot show a better claim, and is sufficient to enable him to maintain an action against a stranger. He who is in the peaceable…
1Opinion of the CourtHaselton, J.
This is a bill in chancery brought by P. 0. Wheaton and twelve others who claim to be the owners in severalty of certain horse-sheds upon land which the defendant claims to own by virtue of a deed from the Barre Congregational Church. The bill seeks to restrain the defendant from obstructing the way to and from the horse-sheds and from interfering with' the orators in the enjoyment and possession of the sheds and their appurtenances. The case was heard by the chancellor, and on the facts found by him and the pleadings, the bill was dismissed with costs to the defendant. The orators appealed.
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2Cases cited8 opinions
- Clark v. GliddenSupreme Court of Vermont · 1887
- City of Barre v. Perry & ScribnerSupreme Court of Vermont · 1909
- Hall v. ChaffeeSupreme Court of Vermont · 1841
- Allen & Small v. FiskeSupreme Court of Vermont · 1869
- Adams v. PatrickSupreme Court of Vermont · 1858
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3Cited by5 opinions
- Dutton v. DavisSupreme Court of Vermont · 1931
- Boynton v. HuntSupreme Court of Vermont · 1914
- Carbonneau v. Lague, Inc.Supreme Court of Vermont · 1976
- Phillips v. CutlerSupreme Court of Vermont · 1917
- Henselder v. Town of CastletonVermont Superior Court · 2010