Blood v. Spaulding
Supreme Court of Vermont
Case to recover for injuries to the plaintiff’s colt. Heard on a referee’s report, December Term, 1884, Taft, J., presiding. Judgment for the plaintiff.
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Case to recover for injuries to the plaintiff’s colt. Heard on a referee’s report, December Term, 1884, Taft, J., presiding. Judgment for the plaintiff. It appeared from the report, that for many years the plaintiff and defendant had owned adjoining pastures, between which was a division fence; that there had been no written agreement relating to the fence, but there had been, eighteen years before, a parol agreement of a division between the plaintiff and one Wetherbee, of whom the defendant purchased his pasture; that the plaintiff told and pointed out to the defendant how the fence had…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
It has been repeatedly held in this State that adjoining land owners may by parol make agreements for the division of fences that will be binding upon them until repudiated. Scott v. Grover, 56 Vt. 499; Hitchcock v. Tower, 55 Vt. 60. The division agreed upon between the plaintiff and Wetherbee, eighteen years before the defendant bought of Wetherbee, was recognized by the defendant when he succeeded Wetherbee; and he has ever since maintained his part-of the fence in accordance with that division. This long acquiescence in that division has…
2Cases cited3 opinions
- Scott v. GroverSupreme Court of Vermont · 1884
- Moulton v. MooreSupreme Court of Vermont · 1884
- Hitchcock v. TowerSupreme Court of Vermont · 1883
3Cited by5 opinions
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- Meyer v. PerkinsNebraska Supreme Court · 1911
- State v. BuckSupreme Court of Vermont · 1901
- Fenton v. MontgomeryMissouri Court of Appeals · 1885