Robinson v. Missisquoi R. R.
Supreme Court of Vermont
Bill in ChaNOERY. Heard on bill, answer, replication, and a special master’s report, September Term, 1886, Taet, Chancellor. The suit was brought to recover land damages on land taken by the defendant railroad, and in default of payment for a foreclosure. The prayer of the bill was that the defendants be ordered to pay the damages, and in default of payment that they be perpetually enjoined from operating their railroad over and across the orator’s farm.
Read the full summary
Bill in ChaNOERY. Heard on bill, answer, replication, and a special master’s report, September Term, 1886, Taet, Chancellor. The suit was brought to recover land damages on land taken by the defendant railroad, and in default of payment for a foreclosure. The prayer of the bill was that the defendants be ordered to pay the damages, and in default of payment that they be perpetually enjoined from operating their railroad over and across the orator’s farm. On February 26, 1858, the orator was the owner of a farm in Swanton, containing about 170 acres, and on which day he conveyed by deed a…
1Opinion of the Court
The opinion.of the court was delivered by
Ross, J.
I. The first.contention is whether the deed from the orator of February 26, 1858, to the St. Albans and Rich-ford Plank Road Co. conveys the fee, or an easement, in the premises, described. The language used in the granting part of the deed and in the habendum is appropriate, and that commonly used to convey the fee. The first part of the description of the premises, “ being a strip of land four rods in width across my land, and being the same land now occupied by the St. Albans and Richforn Plank Road Co. for their road,” is appropriate to an…
2Cases cited2 opinions
- Kittell v. Missisquoi R. R.Supreme Court of Vermont · 1883
- Kendall v. Missisquoi & Clyde River R. R.Supreme Court of Vermont · 1882
3Cited by35 opinions
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Jones v. Van BochoveMichigan Supreme Court · 1894
- McLemore v. Charleston & Memphis RailroadTennessee Supreme Court · 1902
- Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
- Flaten v. MoorheadSupreme Court of Minnesota · 1892
30 more not listed; retrieve them via the Exa API.