Putnam v. Smith
Supreme Court of Vermont
This was an action of trover for sixty tons of free-stone,alleged to have been taken and carried away by the defendant,and converted to his own use.
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This was an action of trover for sixty tons of free-stone,alleged to have been taken and carried away by the defendant,and converted to his own use. It appeared that on the 9th day of August, 1814, the plaintiff conveyed to one Minard sixty acres of the south part of lot no. 5, in the town of Grafton, and the deed contained the following reservation ; viz : “ with the reservation of all “ the free-stones on said land to myself, my heirs, or assigns, with “ a privilege of carrying off said stones in the most convenient « place to the highway.” The defendant claimed a right to the stones in…
1Opinion of the CourtTurner, J.
This case has been so elaborately argued that it is not necessary in deciding it, to enter into a minute and particular investigation of the several questions raised in the county court. As to the deeds which were objected to, and admitted, they were of no importance. They had no legal bearing on the case : nor were they calculated to mislead the jury. The only point is, whether the stone in question was included in the reservation contained in the deed from the plaintiff to William Minard. If the property passed by that deed, it is of no importance to the plaintiff, in whom it was ultimately…
2Cited by2 opinions
- Alger v. KennedySupreme Court of Vermont · 1876
- M. Noyes & Co. v. CanfieldSupreme Court of Vermont · 1854