Legal Opinion

Howe v. Stevens

Supreme Court of Vermont

Decided January 15, 1875PublishedCited by 3 opinions

Trespass qua. clau. for breaking and entering the brick meeting-house in Jericho, and taking out and destroying the plaintiff’s pews therein. Trial by jury, April term, 1873, Pierpoint, Oh. J., presiding.

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Trespass qua. clau. for breaking and entering the brick meeting-house in Jericho, and taking out and destroying the plaintiff’s pews therein. Trial by jury, April term, 1873, Pierpoint, Oh. J., presiding. It appeared that at the time of the committing of the acts complained of, the plaintiff owned one pew in said house in his own right, and one undivided fifth part of five other pews therein in the right of his wife, unless the facts hereinafter stated show that the plaintiff had a different interest in said pews. In 1824, George Howe, and other persons, formed and organized an association…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

This meeting-house and land appear to have been subject to three kinds of ownership. At the bottom of all was the right of- George Howe to the reversion of the land, if his deed of it conveyed an estate upon condition; or to the remainder of the estate in it, if his deed conveyed an estate with a conditional limitation. Then there was the right of the brick meeting-house society to the house, and to the land so long as the condition in that deed should be kept. And besides these, there were the rights of the pew-holders, of whom the…

2Cases cited2 opinions

  1. Barnes v. BarnesSupreme Court of Vermont · 1834
  2. O'Hear v. DeGoesbriandSupreme Court of Vermont · 1861

3Cited by3 opinions

  1. Jones v. TowneSupreme Court of New Hampshire · 1878
  2. Huntington v. RamsdenSupreme Court of New Hampshire · 1914
  3. Coppers' CaseNew York Supreme Court · 1879

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