Legal Opinion

Trustees of Caledonia County Grammar School v. Howard

Supreme Court of Vermont

Decided October 6, 1910PublishedCited by 16 opinions

Ejectment. Plea, the general issue. Trial by jury at the June Term, 1909, Caledonia County, Miles, J., presiding. It appearing that defendant Howard before suit brought had parted with -all title and possession of the demanded premises, he had judgment for his costs. Verdict ordered for defendant Kent, and judgment thereon. The plaintiff excepted. The opinion fully states the case.

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Ejectment. Plea, the general issue. Trial by jury at the June Term, 1909, Caledonia County, Miles, J., presiding. It appearing that defendant Howard before suit brought had parted with -all title and possession of the demanded premises, he had judgment for his costs. Verdict ordered for defendant Kent, and judgment thereon. The plaintiff excepted. The opinion fully states the case. If the lot in question was never located to plaintiff’s right, then is plaintiff tenant in common of all the lands in Hardwick, and as such may maintain this action against a stranger. Pomeroy v. Mills, 3 Vt. 279;…

1Opinion of the CourtRowell, C. J.

This is ejectment for lot No. 10 in the 18th range of lots in Hardwick in Caledonia county, alleged to be a part of a public right, and drawn to the right of the plaintiff. Plea, the general issue and trial by jury.

The town of Hardwick was chartered in 1781. The grant was to sixty-seven persons specifically named in equal shares, which, together with the five rights reserved to the several public uses therein named, included the whole town. One of the rights thus reserved was for “the use of county grammar schools,” which said right, and the right reserved for the use of a seminary or…

2Cases cited19 opinions

  1. United States v. SchurzSupreme Court of the United States · 1880
  2. Ricard v. WilliamsSupreme Court of the United States · 1822
  3. Fletcher v. FullerSupreme Court of the United States · 1887
  4. Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
  5. Chandler v. SpearSupreme Court of Vermont · 1850

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3Cited by16 opinions

  1. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  2. Waterman v. MoodySupreme Court of Vermont · 1918
  3. Southern Coal & Iron Co. v. SchwoonTennessee Supreme Court · 1921
  4. Hazen v. PerkinsSupreme Court of Vermont · 1918
  5. Chittenden v. Waterbury Center Community Church, Inc.Supreme Court of Vermont · 1998

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