7 Vt. 514 | Vt. | 1832
The opinion of the court was delivered by
In the argument of this case it lias not been directly contended, that by legislative enactment the estate of one citizen can be taken, without compensation, and bestowed upon another. It would be no less vain to attempt the support of such a principle,
The original title of the plaintiff covered the land in dispute, whilst the conveyances under which the defendant held included no part of it, being expressly limited to the east line of the highway. Consequently, the plaintiff showed a clear right to recover, unless his title was divested, and transferred to the defendant, by the doing of the road committee in June 1825.
Those proceedings were had under the second section of the act of Nov. t‘, 1800. That section in terms extends to two cases ; one, where the old and new road run through the lands of the same person; the other, where the old road adjoins the person’s land, through which the new road is laid. In the first' case the
Judgment of the county court affirmed.