University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction: Vermont (state)
Effective Date: 1932-02-04
Original Source: https://www.courtlistener.com/opinion/4215928/university-of-vermont-state-agr... ↗

Full Text

1,468 chars

94 Vt. 324, 111 Atl. 389, was a bill in chancery to establish title to a part of a public lot in the town of Woodbury. The plaintiff, claimed title under a durable lease to said part of the lot executed by the selectmen of the town of Woodbury to one William Barnes on July 2, 1844. In the opinion of the Court, delivered by the late Chief Justice Watson, the following language is used: “For the purpose of showing a leasehold title in Adolphus Holton, the plaintiff introduced in evidence a lease from the selectmen of the town of Woodbury to William M. Barnes, dated the 2d day of March, 1844. * * * * We think such acceptance and retention of the rent was not only a recognition by the town of Holton’s possession of the leasehold estate under the Barnes lease, but also of the several successive assignments of that lease, all of which must have been known to the town because recorded in its clerk’s office.” * * * * “They (the defendants) are also estopped from denying the right of the town to give the Benjamin Ainsworth lease because of the previously executed Burnham lease covering the same land. To hold that they could set up a leasehold title under a lease of earlier date, executed and delivered by the town to a third person under whom * * * they have no standing, would be tantamount to saying that those holding under a lease may deny the lessor’s title, a position the mere statement of which shows its unsoundness in principle." Willard v. Benton,

Other Sections in This Document (211)

Full Text