Plimpton v. Converse
Supreme Court of Vermont
Trespass on the case, for obstructing a way to the plaintiff’s grist mill. Plea, the general .issue. Trial by jury, September term, 1868, Barrett, J., presiding.
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Trespass on the case, for obstructing a way to the plaintiff’s grist mill. Plea, the general .issue. Trial by jury, September term, 1868, Barrett, J., presiding. Upon the trial the plaintiff’s evidence tended to show that for upwards of sixty years there had been a grist mill in the village of Wardsboro, where his mill now is; that the old mill and the land around it were owned by the defendant for a few years prior to the year 1847, and in that year the mill was burnt, and immediately after the new mill, which is now standing, was built by the defendant, a little larger than the old one,…
1Opinion of the Court
*716The opinion of the court was delivered by
Steele, J.
The plaintiff claims to own an easement in the nature of a right of way -on the west side of his mill over the defendant’s land. The defendant has erected a barn on this land which obstructs all passage on the west side of the mill. This right of way is claimed by the plaintiff, first, by the force of his deed or grant, and, secondly, by prescription.
I. As to the force of the grant.
1. The plaintiff’s grantor, Baldwin, bought this mill and appurtenances of the defendant. At the time of the purchase the defendant owned all this territory west…
2Cited by10 opinions
- Barber v. BaileySupreme Court of Vermont · 1912
- Russell v. PareSupreme Court of Vermont · 1974
- Capital Candy Company v. SavardSupreme Court of Vermont · 1976
- D'Orazio Et Ux. v. PashbySupreme Court of Vermont · 1930
- Aldrich v. GriffithSupreme Court of Vermont · 1893
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