Pennock Et Ux. v. Goodrich Et Ux.

The plaintiffs seek to enjoin further prosecution of an action of covenant broken, pending against them in Rut-land county court, wherein these defendants are plaintiffs.

The case has been here before. See 102 Vt. 68, 146 Atl. 1. Since the material facts then appearing are there stated, it is enough to say that plaintiffs conveyed to defendants the Capron farm, so-called, in the town of Rutland, by warranty deed in the usual form. It turned out that at the time of such conveyance there was a right of way across such farm to what is known as the Howard lot, which right was later confirmed by a…