Town of Poultney v. Town of Wells
Supreme Court of Vermont
THIS was an action of indebitatus assumpsit, for 'money had and received. The questions reserved on the trial of the issue. were brought before the Court, on the following case stated. On the trial of this cause, the plaintiff read in evidence, 1st. The charter of Wells, in which is reserved, on the back of the same, “one share, or. full right of land, for the first settled ^minister of the gospel, and one share for the benefit of a school ,:in said town.” 2d.
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THIS was an action of indebitatus assumpsit, for 'money had and received. The questions reserved on the trial of the issue. were brought before the Court, on the following case stated. On the trial of this cause, the plaintiff read in evidence, 1st. The charter of Wells, in which is reserved, on the back of the same, “one share, or. full right of land, for the first settled ^minister of the gospel, and one share for the benefit of a school ,:in said town.” 2d. The act of the general assembly, setting to Poultney a part of the township of Wells, passed 31st Oct. 1798. 3d. The plaintiff proved,…
1Opinion of the Court
Hutchinson J.
delivered the opinion of the Court.
This is an action for money had and received, and comes up before this Court, upon a case agreed upon by the parties. By this case it appears, that the plaintiffs claim to recover in this action, a certain portion of the rents and profits of the school right, and the right chartered to the first settled minister in said Wells, from the time a certain part of Wells was, by act of the legislature of this state, annexed to Poultney.
The right of the plaintiffs to recover, depends upon what the Court shall deem the extent and validity of the statute…
2Cited by8 opinions
- City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
- Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
- Henry Atkins & Co. v. Town of RandolphSupreme Court of Vermont · 1858
- Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1854
- Hunt v. City of San FranciscoCalifornia Supreme Court · 1858
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