Sowles v. Butler
Supreme Court of Vermont
Chancery. Heard at the March term, 1898, Franklin county, on pleadings, master’s report, orators’ exceptions thereto and motions to suppress and recommit, before Rowell, Chancellor, who overruled the motions, accepted the report and dismissed the bill with costs. The orators excepted.
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Chancery. Heard at the March term, 1898, Franklin county, on pleadings, master’s report, orators’ exceptions thereto and motions to suppress and recommit, before Rowell, Chancellor, who overruled the motions, accepted the report and dismissed the bill with costs. The orators excepted. Following is an extract from the report: “The premises in controversy consist of a small tract of land situate in the rear of a brick building that stands on the highway running easterly and westerly through Fairfax village, and between the rear of said brick building and a small stream known as Mill brook, and…
1Opinion of the CourtTaft, J.
The orators’ title, if any, to the disputed land was derived through Hiram Bellows, and they claim he had title through certain deeds:(1) From Weaver and wife to A. J. Soule, 7 October, 1851.
No title can be derived from such source, as the description in the deed does not include any portion of the disputed tract.(2) Rufus Stearns, warranty deed to Hiram Bellows, 1 November, 1853.
The latter’s rights under the deed depend upon its character, — whether absolute, or, conditional by way of mortgage. It was a warranty deed in form, but no doubt can be entertained, upon reading the report of the…
2Cases cited3 opinions
- Pierce v. BrownSupreme Court of Vermont · 1852
- Fullam v. FosterSupreme Court of Vermont · 1896
- Rutland Railroad v. ChaffeeSupreme Court of Vermont · 1899
3Cited by11 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Neill v. WardSupreme Court of Vermont · 1930
- Palmer v. City of AlbuquerqueNew Mexico Supreme Court · 1914
- Haklits v. OldenburgSupreme Court of Vermont · 1964
- Barker v. Publishers Paper Co.Supreme Court of New Hampshire · 1916
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