Legal Opinion

Town of Corinth v. Locke

Supreme Court of Vermont

Decided May 15, 1890PublishedCited by 9 opinions

Bill iii equity. Heard upon demurrer to the bill for want of equity at the June Term, 1889. Rowell, Chancellor, sustained the demurrer with costs. The orator appeals. The case appears in the opinion. A demurrer to a bill admits the facts therein stated, and if well taken to some points and not to others it must be overruled in toto. Hall v. Dana, 2 Aik. 381 ; Shed v. Garfield, 5 Yt. 39. The town might take a grant of the land and maintain its title thereto.

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Bill iii equity. Heard upon demurrer to the bill for want of equity at the June Term, 1889. Rowell, Chancellor, sustained the demurrer with costs. The orator appeals. The case appears in the opinion. A demurrer to a bill admits the facts therein stated, and if well taken to some points and not to others it must be overruled in toto. Hall v. Dana, 2 Aik. 381 ; Shed v. Garfield, 5 Yt. 39. The town might take a grant of the land and maintain its title thereto. Hall v. Coventry, 4 Yt. 295 ; 2 Kent, 281; Tucker v. St. Clement, 3 Sand. 242, 249 ; Van Sicklen v. Burlington, 27 Yt. 70 ; Atkins <& Co.…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

This case was heard upon a demurrer to the orator’s bill for want of equity.

The bill in substance states that the orator, the town of Corinth, is the owner in fee simple of certain lands and premises in, that town by virtue of a sheriff’s deed thereof to the orator,, dated February 22d, 1888 ; that said deed followed in due course of law a sale at auction of said lands upon an execution at law in favor of the orator and against the defendant John B. Locke- and others; that the orator took out a writ of possession on the-19th day of January,…

2Cases cited4 opinions

  1. Bates v. BassettSupreme Court of Vermont · 1888
  2. Mallory v. VanderheydenNew York Court of Chancery · 1848
  3. Johnson v. NashSupreme Court of Vermont · 1847
  4. Bowne v. GrahamSupreme Court of Vermont · 1803

3Cited by9 opinions

  1. McDowell v. StateSupreme Court of Alabama · 1942
  2. State Ex Rel. Sekerez v. Lake Superior Court, Room 4Indiana Supreme Court · 1975
  3. Haines v. TruebloodIndiana Court of Appeals · 1918
  4. Canney v. Merchants Bank (In re Canney)Court of Appeals for the Second Circuit · 2002
  5. Evans v. Power CountyIdaho Supreme Court · 1931

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