Pomeroy v. Mills

• Decision Date: 01 January 1830
• Citation: 3 Vt. 279
• Parties: JOHN POMEROY v. EPHRAIM AND THOMAS MILLS
• Court: Vermont Supreme Court

3 Vt. 279

JOHN POMEROY v. EPHRAIM AND THOMAS MILLS

Supreme Court of Vermont, Chittenden

January, 1830

This was an action of ejectment for a small piece of land lying in the village of Burlington, with a printing office standing thereon. Plea, not guilty. At the trial in the county court TURNER. J., presiding, it appeared in evidence, that the land in question was a part of what was called the public square which had been set apart for the use of the public by the proprietors of the town of Burlington; --that as early as the year 1794 it was occupied as such; that in 1795, a court house was built on it for the use of the county, by directions of the select men of the town, and in 1796, a county jail was built by the like directions; --that in 1798 one Lyman King, by the consent and agreement of said select men, built a house which had ever since been continued, and was still occupied as a tavern, on that part of the square on which the old jail was built, he having given in exchange another piece of land, for a jail to be erected on, and upon which a new jail was built, and has continued to stand:--that in 1808 certain persons interested procured an act of the legislature authorizing the select men to confirm their contract with King by giving him a lease of the part occupied by him; which said select men afterwards did; --that in 1798 the proprietors of Burlington passed a vote setting apart the square in question for the use of the public for the erecting of all necessary county and town buildings; --that in April 1821, the town of Burlington passed a vote authorizing the select men to lease the land now demanded by the plaintiff to the defendants, which the select men accordingly did, and that, by virtue of said lease, the defendants took possession of the premises, and built thereon a printing office, and had held and occupied the same ever since. The plaintiff claimed the premises demanded by virtue of a deed from one of the proprietors of the town, dated June 22d, 1807, conveying to him an undivided share of land in said town. The jury, under the direction of the court, returned a verdict for the defendants. The plaintiff took exceptions, and the cause was removed to this Court on a motion for a new trial.

OPINION

The case having been elaborately argued by the counsel.

PRENTISS C. J.

As early as 1794, the land, of which the premises in question form a part, then belonging to the proprietors of Burlington and undivided, was set apart for a public square or common. In 1795, a court...