The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1866-12-28

Eastern towns, or those in any one of
them, would be injured thereby.
THE VILLAGE COMMON.
Soon after the decision was made
respecting the location of the Shire,
piece of land, of about five acres, was
set apart by the proprietor, for pub
lie square or common, in the central
part of the town, where a nucleus of a
village had already appeared. No
deed of conveyance of tho land was
executed but the ground was thrown
open for public use; the people at the
time volunteered to clear off the stand
ing trees and stumps; the Court House
and Academy were erected on its East
ern margin, and several houses we're
uilt around it by the people, who
supposed that said ground was to be
and remain a public common. Sew
cral years after the land had been
used as public property, and the build
ings had been erected around it, as
above mentioned, the original owner
undertook to reclaim it 10y building a
fence around it, which some of the
people in the village tore down. This
act of the villagers iuduced the claim
ant of the land to give to a certain
quarter of the village, occupied by the
persons, at whose instigation he sup
posed the fence had been pulled down,
the sobriquet of MOI Corner, which it
retained for several years afterwards
The claimant did not think proper to
be plaintiff in an action, to try the va
ldity of his claim. Another course
was adopted to try his rights to the
property. The Trustees of the Acad-
envy had sold the building to one Cur
tbs Wilkinson, with a view of having it
removed off, and new one erectrd in
it's place. The OH Academy was n
large wooden building in which the
School District had obtained q right
to use a portion of it for the District
Schools; and it was to extinguish this
right of the School District, that the
Trustees had sold the edifice. Will
kinsOn was about to remove the build
ing across the Common, to the West
side of Main Street, where he propos-
ed to let it stand, and fit it up for
stores and Offices. BY an arrange
ment made with the claimant of the
common, Wilkinson removed the
building to the Westerly part of the
land in question, near the street, and
there let il rest. Ii remained in that
situation for some time, in very con-
spicuous position, much gazed at by
strangers, but not considered as orna-
mental to the village, but the reverse
Ii being ascertained that it was the
determination of those concerned in
the matter to let it remain on the
Common, the Grand jury, at the next
term of the Court, indicted Wilkinson
for erecting a nuisance thereon, and
impeding the public in the free use of
it, The case was tried before Judge
Prentiss, of the Supreme Court, and
he ruled, and SO charged the jury,
that when the owner of land sets it
apart for public use, rs highway or
common, and it is used by the parties
as such, and individuals have erected
dwelling houses around it, under the
supposition that said land was to re-
man for public use as a common or
highway, the original owner cannot
again re-possess it, and divest the
public of their acquired right The
jury. under the charge of the Court,
returned verdict against Wilkinson.
The opinion of the Judge was after
wards confirmed by the Supreme
Court. The case was reported and
published in the Vermont Reports. -
: This decision seems to have settled the
question of the title to the village
common, and to have silenced the
claims of all persons to the right title
or exclusive possession of it,
ITO be ContinuedD