Legal Opinion

Willard v. Benton

Supreme Court of Vermont

Decided October 15, 1884PublishedCited by 8 opinions

Trespass guare clausum and for cutting and carrying away timber. Plea, not guilty. Trial by court, September Term, 1881, Essex County, Ross, J., presiding. Judgment for the defendant. The lot in question is a glebe lot, — No. 63, — -in the town of Maidstone. Both parties claim title under leases from the selectmen of said town, — the plaintiff under a lease dated September 24, 1879; and the defendant under a lease dated August 9, 1850. The lease of 1850 was perpetual.

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Trespass guare clausum and for cutting and carrying away timber. Plea, not guilty. Trial by court, September Term, 1881, Essex County, Ross, J., presiding. Judgment for the defendant. The lot in question is a glebe lot, — No. 63, — -in the town of Maidstone. Both parties claim title under leases from the selectmen of said town, — the plaintiff under a lease dated September 24, 1879; and the defendant under a lease dated August 9, 1850. The lease of 1850 was perpetual. The forfeiture clause was as follows: “ And, if it shall so happen that the said yearly rent or any part thereof shall be…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

In 1850 the selectmen of Maidstone gave a perpetual lease of lot No. 63 to March Norris. 'The title of Norris came down to Benton, and he is in possession. The lease stipulated for rent $2 per year, payable on the first of March, and if unpaid for 28 days, on being lawfully demanded, the town might re-enter. The rent was not demanded at the time it became due, nor on the land. But Allen, one of the selectmen, had several conversations with Benton at Lancaster, N. TI., in which the rent on this lot of land was called for; and Benton not…

2Cases cited1 opinion

  1. Maidstone v. StevensSupreme Court of Vermont · 1835

3Cited by8 opinions

  1. Kovner v. DubinSupreme Court of Connecticut · 1926
  2. University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
  3. Capital Garage Co. v. PowellSupreme Court of Vermont · 1923
  4. Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Assn., Anthony J. Sineni and Merrimack Mortagage Co.Supreme Court of Vermont · 2016
  5. Rosenberg v. TaftSupreme Court of Vermont · 1920

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