Legal Opinion

Vermont Marble Co. v. Eastman

Supreme Court of Vermont

Decided May 1, 1917PublishedCited by 41 opinions

Appeal in Chancery. Heard on bill and answer and facts found by the chancellor at the September Term, 1915, Rutland County, Fish, Chancellor. Decree for plaintiff. Defendants appealed. Statement by "Watson, J. This case was heard before, and facts found by, the chancellor. Among other things reported and noticed in the opinion, the chancellor states the following facts: The defendants did not at first claim to own as far north as they now claim.

Read the full summary

Appeal in Chancery. Heard on bill and answer and facts found by the chancellor at the September Term, 1915, Rutland County, Fish, Chancellor. Decree for plaintiff. Defendants appealed. Statement by "Watson, J. This case was heard before, and facts found by, the chancellor. Among other things reported and noticed in the opinion, the chancellor states the following facts: The defendants did not at first claim to own as far north as they now claim. At the beginning of the trial and before finding some old plans (known as the Brown, the Green, and the Murphy plans) and surveys of the properties…

1Opinion of the CourtWatson, J.

The primary question in this case is as to the true location of the divisional line between land owned by the plaintiff and land owned by defendant Eastman, the legal and record title to which latter is held by defendant Clement in trust, the same being in the nature of an equitable mortgage and not otherwise.

Both sides discuss, more or less, questions regarding the admission or rejection of evidence; but no such objection was made by either side, by exception to the report, filed in the court of chancery, and consequently no question of that character can be heard. The statute is peremptory…

2Cases cited73 opinions

  1. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
  2. Humes v. BernsteinSupreme Court of Alabama · 1882
  3. Wilson v. VanceIndiana Supreme Court · 1876
  4. Blondin v. BrooksSupreme Court of Vermont · 1910
  5. Gates v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1900

68 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Eastman Marble Co. v. Vermont Marble Co.Massachusetts Supreme Judicial Court · 1920
  2. Francis v. London Guarantee & Accident Co.Supreme Court of Vermont · 1927
  3. Robinson v. LeonardSupreme Court of Vermont · 1926
  4. Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
  5. Amey v. HallSupreme Court of Vermont · 1962

36 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API