Eldridge v. Smith
Supreme Court of Vermont
The bill set forth, that at the December Term, 1855 , of the Windsor County Court, the orator recovered a judgment against the Vermont Central Railroad Company for $59,085.70, damages and cost; that he took out an execution thereon, and on the 14th of May, 1856, caused the same to be duly levied on certain lands belonging to that corporation, situated in Burlington, Northfield, Bolton, Waterbury, Essex, Middlesex, Windsor, and Richmond, which were severally described in the…
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The bill set forth, that at the December Term, 1855 , of the Windsor County Court, the orator recovered a judgment against the Vermont Central Railroad Company for $59,085.70, damages and cost; that he took out an execution thereon, and on the 14th of May, 1856, caused the same to be duly levied on certain lands belonging to that corporation, situated in Burlington, Northfield, Bolton, Waterbury, Essex, Middlesex, Windsor, and Richmond, which were severally described in the bill; that the Railroad Company did not redeem the lands so levied upon within six months from the date of the levy, and…
1Opinion of the Court
Poland, Cli. J.
The object of the orator’s bill is to ascertain whether -the defendants, who are trustees under the two mortgages executed by the Vermont Central Railroad Company, have any valid claim to the lands, or any of them, upon which he has levied his execution ; and if they have not, that their ciaim of title under said mortgages may be removed, as a cloud upon his title, operating to his prejudice and injury.
The orator, being in possession of the lands thus levied upon, cannot himself institute any action at law to settle the title, and the defendants, though setting up a claim to…
2Cases cited4 opinions
- Hill v. Western Vermont RailroadSupreme Court of Vermont · 1859
- Vermont Central Railroad v. Town of BurlingtonSupreme Court of Vermont · 1855
- Hodges v. GriggsSupreme Court of Vermont · 1849
- Griffin v. ChaseNew York Supreme Court · 1856
3Cited by30 opinions
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
- Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
- Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
- New York & Harlem Railroad v. KipNew York Court of Appeals · 1871
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