Wiswell v. Minogue
Supreme Court of Vermont
Bill in Chancery. Heard on bill, answer, replication, and master’s report. September Term, 1881. Yeazey, Chancellor, “ decreed that the orator was only entitled to a passage way to and from the slate quarry, over and through the defendants’ premises to the highway on the west, by paying fair compensation therefor, as and at the rate stipulated in the deed of Morse to Minogue.
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Bill in Chancery. Heard on bill, answer, replication, and master’s report. September Term, 1881. Yeazey, Chancellor, “ decreed that the orator was only entitled to a passage way to and from the slate quarry, over and through the defendants’ premises to the highway on the west, by paying fair compensation therefor, as and at the rate stipulated in the deed of Morse to Minogue. “On the hearing, the defendants conceded that the orator was entitled to such way by paying therefor. It is, therefore, further ordered that a special master be appointed to find and report what would be a fair…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
In 1857, as the master finds and reports, *620one Harris Morse conveyed, to Patrick Minogue, the father of the defendants, to whose title and rights they have succeeded, twenty-six acres of land in Poultney, reserving one acre “containing the slate quarry, as now partially opened for the purpose of quarrying slate,” and the privilege of purchasing, at a price designated in the deed, so much additional land “as is needful for quarrying purposes.” Under this reserved right, in 1866 Minogue sold and conveyed to the orator’s predecessor in title…
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