Legal Opinion

Town of Charleston v. Allen

Supreme Court of Vermont

Decided April 15, 1834PublishedCited by 3 opinions

This was ejectment for Lot No. 61, in the first division in Charleston, drawn to the right of the first settled minister in said town.

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This was ejectment for Lot No. 61, in the first division in Charleston, drawn to the right of the first settled minister in said town. The plaintiff read in evidence tbe charter of said town, from the state of Vermont, which, in relation to the minister right,reads as follows: “ One share or right to the first settled minister of the gospel in said township, to be disposed of for that purpose, as the inhabitants thereof shall directand proved that the lot in question was duly severed to the first division of the right aforesaid. And the possession of the defendant being admitted, they rested…

1Opinion of the Court

The opinion of the court was delivered by

MattocIís, J.

— The first question presented by the bill of exceptions is, whether parol testimony was properly admitted to show the application of Charleston church to the conference to ordain if, and also the ordination of the defendant, as a minister of the gospel. The plaintiff contends that the minutes of the clerk of said church and conference should have been produced. There is no ground for the objection, as these scribes were not officers, and their minutes would have been no legal evidence, and could not have been read if produced. They might…

2Cases cited1 opinion

  1. Dow v. Town of HinesburghSupreme Court of Vermont · 1826

3Cited by3 opinions

  1. Wesolow v. Town of LowellSupreme Court of Vermont · 2014
  2. Williams v. Town of North HeroSupreme Court of Vermont · 1873
  3. Wesolow v. Town of LowellSupreme Court of Vermont · 2014

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