Town of Victory v. Wells
Supreme Court of Vermont
Action of Ejectment for Lot No. 1, Kange 12, in Victory. Plea, general issue, and trial by jury at the March Term, 1866, Steele, J., presiding. Writ was dated 12th of August, 1865. The town of Victory was chartered September 6th, 1781. The charter grants one right “to be and remain for the purpose of settlement of a minister and ministers of the gospel in said township forever.” The lot in question was drawn to this right as “ first minister’s right.”
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Action of Ejectment for Lot No. 1, Kange 12, in Victory. Plea, general issue, and trial by jury at the March Term, 1866, Steele, J., presiding. Writ was dated 12th of August, 1865. The town of Victory was chartered September 6th, 1781. The charter grants one right “to be and remain for the purpose of settlement of a minister and ministers of the gospel in said township forever.” The lot in question was drawn to this right as “ first minister’s right.” It is conceded that all the lots in-town were surveyed and lines established. The defendants were in occupation of different parts of the lot…
1Opinion of the Court
The opinion of the court was delivered by
Baekett, J.
There is little need of discussing whether the acquirement of rights in real estate by long possession and occupancy be by prescription, or by conclusive presumption of grant, or by grant found as matter of fact. The subject has been sufficiently examined and discussed in Townsend v. Downer, 32 Vt., 183, and in Tracy v. Atherton, 36 Vt. 503, and we are disposed for the present to adhere to the doctrine propounded in those cases, and give it operation and effect when involved in cases before the court for decision. The view taken of the case…
2Cases cited5 opinions
- Tracy v. AthertonSupreme Court of Vermont · 1863
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- University of Vermont v. of ReynoldsSupreme Court of Vermont · 1831
- Bush v. WhitneySupreme Court of Vermont · 1821
- Williams v. GoddardSupreme Court of Vermont · 1836
3Cited by4 opinions
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- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
- Holbrook v. BowmanSupreme Court of New Hampshire · 1882
- University of Vermont & State Agricultural College v. CarterSupreme Court of Vermont · 1939