Proprietors of Braintree v. Battles
Supreme Court of Vermont
This was an action'of ejectment, to recover lot number 65, in the first division in Braintree. Plea, not guilty — issue to the court.
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This was an action'of ejectment, to recover lot number 65, in the first division in Braintree. Plea, not guilty — issue to the court. The plaintiffs in support of the issue on their part proved that'there was a lot in Braintree called number 65, in the first division, and produced the record of a deed from Charles Brackett to the defendant of the said lot number 65. The plaintiffs, also proved that defendant claimed to hold in severalty, the lot of which he was in possession by virtue of a deed from Charles Brackett, to the exclusion of all others. The plaintiffs offered a certified copy of…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
— This is<an action of ejectment, in which the. plaintiffs claim title to lot number 65 of the first division, in Braintree, as being comprehended in their original charter. The defendant claims title to the same, by virtue of a deed, from an original proprietor, as being no longer the common property of the proprietors, but as severed to an individual right. The case is very concisely stated, so much so indeed, that the real point in controversy is not readily apprehended. The only construction, which we are able to put upon it, is the one…
2Cited by11 opinions
- Doe ex dem. Vaughn v. BiggersSupreme Court of Georgia · 1849
- Wright v. TichenorIndiana Supreme Court · 1885
- Perkins v. BloodSupreme Court of Vermont · 1863
- Baldwin v. BurtNebraska Supreme Court · 1895
- Huntington v. PerrinCalifornia Court of Appeal · 1923
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