Legal Opinion

Franklin County Grammar School v. Bailey

Supreme Court of Vermont

Decided October 15, 1890PublishedCited by 3 opinions

This was au action of ejectment brought by the Franklin County Grammar School for certain leased lands for the nonpayment of rent. Heard upon an agreed statement of facts at the September Term, Franklin County, 1888, Taft, J., presiding. Judgment for the defendants. The plaintiff excepts. The lands were situated in the town of Richford and were a part of the lands originally set apart by the charter of that town tor the support of a grammar school.

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This was au action of ejectment brought by the Franklin County Grammar School for certain leased lands for the nonpayment of rent. Heard upon an agreed statement of facts at the September Term, Franklin County, 1888, Taft, J., presiding. Judgment for the defendants. The plaintiff excepts. The lands were situated in the town of Richford and were a part of the lands originally set apart by the charter of that town tor the support of a grammar school. They were held by the defendants under a lease from the Franklin County Grammar School, granted in 1835. The rent reserved had been paid the…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The right of the plaintiff to recover depends upon-whether the act of the Legislature, approved Nov. 25,1884, purporting to give the use of the lands sequestered or granted to-the use of county grammar schools in the town of Riehford, among which is the land sued for, is an act which the Legislature, under the circumstances, could lawfully pass. On Nov. 4, 1799, the Legislature passed an act incorporating the plaintiff,, with the usual powers and rights of a corporation, for the purpose of maintaining a grammar school in St. Albans, in the…

2Cases cited6 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
  3. The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
  4. Trustees of the Bishop's Fund v. RiderSupreme Court of Connecticut · 1839
  5. Trustees of the Caledonia County Grammar School v. BurtSupreme Court of Vermont · 1839

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

3Cited by3 opinions

  1. Greene v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 1900
  2. Simpson v. Pontotoc Common County Line School Dist. No. 31Court of Appeals of Texas · 1925
  3. Epps v. DuckettSupreme Court of Missouri · 1920

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