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MORSE v. KING

No. 19-78.

398 A.2d 299 (1979)

Cecil and Barbara MORSE v. Bernard W. KING, Marion Hodgdon, and Francis Whitcomb. Bernard KING v. TOWN OF WOODBURY.

Supreme Court of Vermont.

February 6, 1979.

Attorney(s) appearing for the Case

George K. Belcher, of Kilmurry & Stone Associates, Inc., Montpelier, for Bernard W. King, Ryan & Ryan, Montpelier, for Francis Whitcomb.

Robert J. Kurrle, Montpelier, for Town of Woodbury.

Before BARNEY, C. J. and DALEY, LARROW, BILLINGS and HILL, JJ.

DALEY, Justice.

This appeal arises out of a judgment entered in an action brought by the plaintiffs to determine ownership of a parcel of land. Defendants King and Hodgdon acquired the property by tax collector's deed and conveyed it, by warranty deed, to the plaintiffs. Defendant Whitcomb claimed to hold superior title. The tax collector's deed contained the following language:

I hereby agree to engage to warrant and defend the same against lawful demands...

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