H. Roby & Bros. v. Corporation of the University

Supreme Court of Vermont

H. Roby & Bros. v. Corporation of the University

36 Vt. 564

CourtSupreme Court of Vermont

DecidedJanuary 15, 1864

StatusPublished

Cited by3 cases

This text of 36 Vt. 564 (H. Roby & Bros. v. Corporation of the University) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

H. Roby & Bros. v. Corporation of the University, 36 Vt. 564 (Vt. 1864).

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Opinion

Br the Court.

In this case the court hold that the lien created by the proceedings set forth, rested only upon the building on which the work was done — but carried with it such right to the land on which the building stands and which is appurtenant to it as should be necessary to enable the orators to hold, appropriate, and use the building for all the legitimate purposes to which said building might be put in order to render it available as property, in its full value and usefulness. It is conceded by the defendant’s counsel, and stated in his brief, that “the lien o.n the building gives, of course, a right in the soil on which it stands, and access, as incident to it.” Under the view above expressed, the decree is affirmed.

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Br the Court.

In this case the court hold that the lien created by the proceedings set forth, rested only upon the building on which the work was done — but carried with it such right to the land on which the building stands and which is appurtenant to it as should be necessary to enable the orators to hold, appropriate, and use the building for all the legitimate purposes to which said building might be put in order to render it available as property, in its full value and usefulness. It is conceded by the defendant’s counsel, and stated in his brief, that “the lien o.n the building gives, of course, a right in the soil on which it stands, and access, as incident to it.” Under the view above expressed, the decree is affirmed.

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Bluebook (online)

36 Vt. 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-roby-bros-v-corporation-of-the-university-vt-1864.

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