Town of Montpelier v. Town of East Montpelier
Supreme Court of Vermont
Legal title to lands reserved for public uses. Division of the town of Montpelier. Assumpsit. The plaintiffs claimed to recover the amount of money which was received of the defendants, in 1851, on the leases of the three lots of land, in the original town of Montpelier, which in the charter of said town, granted August 14,1781, were described and reserved as follows, viz, “ together with the five “ following rights, reserved to the several public uses in manner “ following,…
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Legal title to lands reserved for public uses. Division of the town of Montpelier. Assumpsit. The plaintiffs claimed to recover the amount of money which was received of the defendants, in 1851, on the leases of the three lots of land, in the original town of Montpelier, which in the charter of said town, granted August 14,1781, were described and reserved as follows, viz, “ together with the five “ following rights, reserved to the several public uses in manner “ following, * * '* lands to the amount of one right to be and “ remain for the settlement of a minister, or ministers of the gospel…
1Opinion of the Court
The opinion of the court was delivered, at the April Term, 1855, by
Bennett, J.
This case has been before the court some length of time, and it is one with which the court have had some difficulty, and it now becomes my duty to announce the result to which they have come, and the grounds upon which that result is based.
The power of the legislature to alter, divide, modify, or abolish a municipal corporation, created for the purposes of government, is *707not to be questioned; and we have no doubt, the effect of the act of 1848, dividing the town of Montpelier, was to abolish the old municipality of…
2Cases cited2 opinions
- Inhabitants of Harrison v. Inhabitants of BridgetonMassachusetts Supreme Judicial Court · 1819
- Town of Poultney v. Town of WellsSupreme Court of Vermont · 1826
3Cited by15 opinions
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
- Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1856
- Ware v. City of FitchburgMassachusetts Supreme Judicial Court · 1908
- Town of Barre v. School District No. 13Supreme Court of Vermont · 1894
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