Legal Opinion

Beach v. Haynes

Supreme Court of Vermont

Decided January 15, 1840PublishedCited by 8 opinions

Ejectment, to recover the possession of a piece of land in Westford. Plea, not guilty. Issue to the country. On the trial in the county court, the defendant admitted that he was in possession of the land in question, at the time of the service of the writ, and that he had, before that time, enclosed it with a fence, was then occupying it for private purposes, excluding the public from the use of it as a public common.

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Ejectment, to recover the possession of a piece of land in Westford. Plea, not guilty. Issue to the country. On the trial in the county court, the defendant admitted that he was in possession of the land in question, at the time of the service of the writ, and that he had, before that time, enclosed it with a fence, was then occupying it for private purposes, excluding the public from the use of it as a public common. The plaintiff gave in evidence, the copy oí a deed from himself to the town of Westford, dated August 15, 1825, in and by which deed the plaintiff did “ give, grant, bargain,…

1Opinion of the Court

The opinion of the court was' delivered by

Redfield, J.

—The only question raised in the present case is as to the title conveyed by the plaintiff to the town of Westford, by his deed of August 15, A. D. 1825. There can be no doubt, from the circumstances of the case, that the town expected to receive and the plaintiff was paid for and expected to convey the entire fee simple. It is true the object of the purchase was for a public common, but, where land is purchased by towns for that purpose, it is expected the use will be perpetual, and therefore the fee is ordinarily purchased. The style of…

2Cited by8 opinions

  1. City of Fort Wayne v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
  2. Buckhout v. City of NewportSupreme Court of Rhode Island · 1942
  3. Briggs v. City of Grand RapidsMichigan Supreme Court · 1932
  4. State v. WoodwardSupreme Court of Vermont · 1850
  5. School District No. Five v. EverettMichigan Supreme Court · 1883

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