Legal Opinion

Coleman v. Aldrich

Supreme Court of Vermont

Decided January 15, 1889PublishedCited by 2 opinions

This was a bill in chancery brought against John M. Aldrich and Lucretia Aldrich, his wife, to enjoin them from obstructing-a right of way of the orator across the defendants’ lands. The defendants hied several answers, which the orator traversed. The case was heard at the September Term, 1887, upon pleadings' and master’s report .before Rowell, Chancellor, who dismissed the bill pro forma. The facts appear in the opinion.

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This was a bill in chancery brought against John M. Aldrich and Lucretia Aldrich, his wife, to enjoin them from obstructing-a right of way of the orator across the defendants’ lands. The defendants hied several answers, which the orator traversed. The case was heard at the September Term, 1887, upon pleadings' and master’s report .before Rowell, Chancellor, who dismissed the bill pro forma. The facts appear in the opinion. The question of jurisdiction by reason of the amount involved' cannot be raised upon the master’s report after a full hearing upon the merits. Such objection should have…

1Opinion of the Court

The opinion of the court was delivered by

Yeazey, J.

The orator owned a ten acre piece of wood and pasture land of small value. To get to and from it he and his grantors had passed over the land of the defendants for many years.' He claimed he had acquired a right of way by prescription. The land upon which this right of way was claimed was ■conveyed to the defendant, ‘'John M. Aldrich, to have the úse •of said premises during his natural life, and at his decease to go do his wife Lucretia, if she is living, and at her decease to go to her heirsand there was a further provision that in case of…

2Cases cited3 opinions

  1. Smith v. RockSupreme Court of Vermont · 1886
  2. Joyal v. BarneySupreme Court of Vermont · 1848
  3. Worcester & Woodruff v. LampsonSupreme Court of Vermont · 1883

3Cited by2 opinions

  1. Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
  2. Cooley v. HatchSupreme Court of Vermont · 1917

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