Taylor v. Gilman
Supreme Court of Vermont
Appeal from the Court of Chancery. The orator alleged in his bill, that at the time of the execution of his deed, and the making of the contract with the defendant for the sale of the land, it was made known to the defendant, that the railroad company-had laid out them road and track across the land deeded by the orator to the defendant, and that the damages for crossing said land had been appraised and paid to the orator by the said company.
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Appeal from the Court of Chancery. The orator alleged in his bill, that at the time of the execution of his deed, and the making of the contract with the defendant for the sale of the land, it was made known to the defendant, that the railroad company-had laid out them road and track across the land deeded by the orator to the defendant, and that the damages for crossing said land had been appraised and paid to the orator by the said company. And that the defendant purchased the land with the knowledge, and assented to his (the orator) having the damages then paid by the said company. That it…
1Opinion of the Court
The opinion of the Court was delivered by
Isham, J.
The object of this bill is to obtain a perpetual injunction on a suit now pending at law, wherein this defendant is prosecuting the orator on covenants in a deed, executed by the orator to him. From the facts stated in the bill and answer, it appears that on the 23d of March, 1848, the premises described were conveyed, with the usual covenants of seizin and warranty, and against incumbrances; and that, at the time of the conveyance, the Passumpsie River Railroad had acquired a permanent easement on the premises for the track of their road, and…
2Cases cited2 opinions
- Hubbard v. NortonSupreme Court of Connecticut · 1835
- Townsend v. WeldMassachusetts Supreme Judicial Court · 1811
3Cited by10 opinions
- Hall v. First National Bank of ChelseaMassachusetts Supreme Judicial Court · 1899
- Bush v. MerrimanMichigan Supreme Court · 1891
- Roof, Trustee v. JerdSupreme Court of Vermont · 1929
- Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
- Redfield v. GleasonSupreme Court of Vermont · 1888
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