Montgomery v. Branon

The-case has been appealed to this Court on two occasions and is reported in 125 Vt. 362, 216 A.2d 41 (1965), and 127 Vt. 83, 238 A.2d 650 (1968).

The plaintiffs’ action is in ejectment and pertains to an undivided one-half interest in and to a small lot of land lying on the westerly shore of Hinkum Pond in the Town of Sud-bury, Vermont. Plaintiffs own the remaining undivided one-half interest in and to the lot. There is a camp or cottage and outhouses located on the lot in question. Hinkum Pond covers an area approximately twenty acres and is public waters.

During the trial below of the first…