Kinney v. Hooker
Supreme Court of Vermont
Bill to establish a right of way. Heard at the March term, Washington county, 1891, upon the pleadings, a master’s report and exceptions of the oratrix thereto. Thompson, chancellor, pro forma overruled the exceptions and dismissed the bill. The oratrix appeals. The facts appear in the opinion. When the boundaries of a deed are uncertain the statements of former owners are admissible.
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Bill to establish a right of way. Heard at the March term, Washington county, 1891, upon the pleadings, a master’s report and exceptions of the oratrix thereto. Thompson, chancellor, pro forma overruled the exceptions and dismissed the bill. The oratrix appeals. The facts appear in the opinion. When the boundaries of a deed are uncertain the statements of former owners are admissible. Wills v. Leverich, 20 Ore. 158 ; Knapp v. Bailey, 79 Me. 195 ; Allen v. Sal-lin ger, 108 N. C. 159; Thompson v. Southern Cal. Motor Road Co., 82 Cal. 497.
1Opinion of the Court
The opinion of the court was delivered by-
START, J.
The oratrix is the owner of two pieces of land in the village of Barre. One, called the “ flat,” is situated north of the defendant’s land; the other, the “ Kinney homestead,” is situated north of a piece of land called the “ Batchelder lot.” All the above mentioned land was formerly owned by W. C. French and wife, who first conveyed the “Kinney homestead” to Ira Trow, and subsequently, on the 30th day of April, 1870, conveyed the “ flat ” to.said Trow by their deed of warranty, containing the following provision : “ Said Trow has the…
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