Gilchrist & Chamberlin v. Van Dyke
Supreme Court of Vermont
Tliis was a bill in chancery brought to enjoin the defendant from interfering with a certain spring. Heard upon pleadings and a master’s report at the December term, 1889, Caledonia county. Eoss, Chancellor, dismissed the bill. The orators appeal. The orators obtained a good title to the spring by their deed from Simonds and Sutherland, although as to the latter it was not witnessed and acknowledged. E. L. 1917-27; Preston v. Robinson, 24 Yt. 583; PaineY.
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Tliis was a bill in chancery brought to enjoin the defendant from interfering with a certain spring. Heard upon pleadings and a master’s report at the December term, 1889, Caledonia county. Eoss, Chancellor, dismissed the bill. The orators appeal. The orators obtained a good title to the spring by their deed from Simonds and Sutherland, although as to the latter it was not witnessed and acknowledged. E. L. 1917-27; Preston v. Robinson, 24 Yt. 583; PaineY. Slocum, 56 Yt. 504. The orators were in possession of the spring and that was sufficient notice to the defendant of their interest. Wade…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
Simonds and Sutherland owned the spring in question. Simonds conveyed his interest in it to the orators, by deed properly executed. Sutherland joined in the- deed, signed it and affixed his seal; his signature was not witnessed, and he did not acknowledge the execution of it. The-deed was, delivered to the orators. It was afterwards sent to Sutherland to have its execution completed; he returned it to the orators, with a paper pasted thereon so as to conceal his, Sutherland’s, name. This deed thus executed -by Sutherland was, when first…
2Cases cited5 opinions
- Day v. AdamsSupreme Court of Vermont · 1869
- Lyon v. McLaughlinSupreme Court of Vermont · 1859
- Canfield v. HardSupreme Court of Vermont · 1885
- Rublee v. MeadSupreme Court of Vermont · 1830
- Vermont Mining & Quarrying Co v. Windham County BankSupreme Court of Vermont · 1872
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