Roberts v. Robertson
Supreme Court of Vermont
Case heard at the March Term, 1880, Yeazey, J., presiding. Trial by court. Action, trespass quare clausum. Pleas, not guilty, and two special pleas in bar. Replication to the two special pleas de injuria, and issue joined on the first. The case is stated in the opinion of the court. The word “ sold ” is one of general description, and is followed by a dejinite enumeration and a particular description of each ex-eluded lot.
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Case heard at the March Term, 1880, Yeazey, J., presiding. Trial by court. Action, trespass quare clausum. Pleas, not guilty, and two special pleas in bar. Replication to the two special pleas de injuria, and issue joined on the first. The case is stated in the opinion of the court. The word “ sold ” is one of general description, and is followed by a dejinite enumeration and a particular description of each ex-eluded lot. Words of general description in a deed, are always controlled by those which are more definite and particular in their descriptive character. Greenl. Cruise on Real Prop.…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The plaintiff executed to the defendant and others, on the 5th of February, 1870, a deed of certain land, adjoining the cemetery in Putney, with full covenants.
The deed contains a specific description of the land conveyed, and contains also this clause : “ Said J. C; Roberts reserving lots sold, Nos. 1, 2, 3, ... . 32, 33 —in all 29 lots designated by number like the foregoing. The plaintiff now claims title to lots 32 and 33 under the clause above quoted. The defendant claims that the plaintiff excepted from his deed such lots only as he had…
2Cases cited1 opinion
- Hathaway v. JuneauWisconsin Supreme Court · 1862
3Cited by14 opinions
- Pich v. LankfordTexas Supreme Court · 1957
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Barrett v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1905
- Dee v. KingSupreme Court of Vermont · 1905
- Elliot v. SmallSupreme Court of Minnesota · 1886
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