Legal Opinion

McElroy v. McLeay

Supreme Court of Vermont

Decided July 19, 1899PublishedCited by 12 opinions

Chancery. Heard upon pleadings, master’s report and exceptions thereto by both parties, at the March term, 1899, Washington county, before Thompson, Chancellor, who, pro. forma, overruled the exceptions and dismissed the bill with costs. The orator appealed.

1Opinion of the CourtRowell, J.

When Batchelder deeded the four-tenement house to the intestate, there were four water-closets in the cellar, which discharged into a drain running westerly across the lot on which the house stood; thence across a *398corner of a lot owned by H. A. Phelps, where a drain connected with it from a three-tenement house on that lot; thence across a lot called the Sullivan lot, owned by Batchelder and Phelps in common; and thence connecting with a public sewer on Church street. Soon after Batchelder sold to the intestate, he bought Phelps’s interest in the Sullivan lot, and thus became sole owner of…

2Cases cited3 opinions

  1. Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
  2. Coolidge v. HagerSupreme Court of Vermont · 1870
  3. Jarvis v. AikensSupreme Court of Vermont · 1853

3Cited by12 opinions

  1. Morris v. BluntUtah Supreme Court · 1916
  2. Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
  3. Wiesel v. SmiraSupreme Court of Rhode Island · 1928
  4. McKeon v. BrammerSupreme Court of Iowa · 1947
  5. Olson v. MullenSupreme Court of Minnesota · 1955

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