KILCULLEN v. DERY

No. 75-73.

334 A.2d 410 (1975)

Gerald D. KILCULLEN v. Peter J. DERY and Pierrette L. Dery.

Supreme Court of Vermont, Orleans.

Motion for Reargument Denied February 26, 1975.


Attorney(s) appearing for the Case

Jeffords & Rice, Montpelier, for plaintiff.

Robert J. Kurrle, Montpelier, for defendants.

Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.


DALEY, Justice.

Plaintiff Gerald Kilcullen brought an action in Orleans County (Superior) Court to reform the description in a deed of land in Troy, Vermont, obtained from defendants Peter and Pierrette Dery. He also sought injunctive relief to prevent defendants from exercising control over the disputed land that he believed had been conveyed to him.

The record details the following factual situation. In March, 1963, the Derys owned a farm in Troy, Vermont...

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