George H. Price Et Al v. Leslie Rowell Et - Supreme Court of Vermont

George H. Price Et Al v. Leslie Rowell Et

By Supreme Court of Vermont

  • Release Date - Published: 1960-03-02
  • Book Genre: Law
  • Author: Supreme Court of Vermont
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George H. Price Et Al v. Leslie Rowell Et Supreme Court of Vermont read online review & book description:

The plaintiffs have resorted to the court of chancery and the declaratory judgment act to settle their title and protect their
rights in the Mount Hunger School property, in the town of Barnard. It appears from the complaint that the school house was
constructed sometime in 1868, on lands that were a part of Justin Lillie's farm. No deed or other instrument of conveyance
was ever given by Lillie. The construction was done by virtue of an oral agreement between the plaintiff's predecessor, Lillie,
and the School District Committee of District No. 8 to the effect that if the property should cease to be used as a public
school, it would return to the possession of Lillie, his heirs and assigns. Use of the property as a public school continued
to 1939. The complaint states that the farm upon which the school was built was subsequently sold by the estate of Justin Lillie according
to the same description given when Lillie acquired the farm. No exception of the school property was mentioned in this, or
any of the subsequent deeds. It is further alleged that the plaintiffs acquired title to the Mt. Hunger School property through
an unbroken chain of conveyances from Justin Lillie. Their immediate grantors, H. Edward and Alice Stimets, conveyed the farm,
by warranty deed dated September 28, 1945, recorded in Book 29, page 512 of the Barnard Land Records. The plaintiffs claim
to have enjoyed full possession of the Mt. Hunger School during the period from 1945 until September 7, 1957.

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