Hawley v. Soper
Supreme Court of Vermont
Petition for partition. The defendant pleaded, that he was not tenant in common with the petitioner of the premises described in the petition. Trial by the court, — Williams, Ch. J., presiding.
Read the full summary
Petition for partition. The defendant pleaded, that he was not tenant in common with the petitioner of the premises described in the petition. Trial by the court, — Williams, Ch. J., presiding. On trial the petitioner gave in evidence the levy of an execution in his favor, against one John Soper, upon the premises described in the petition, which levy was made the eighteenth day of May, 1843, and also gave in evidence deeds, &c., showing a title in John Soper, previous to the levy, to an undivided half of the premises, the defendant being the owner of the other half. The petition was dated…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
Some of the points now made in the defence have no connection with the question, on which the case turned in the court below. We are at liberty, nevertheless, to notice these additional grounds, because, if it appears, upon any view of the case, that the plaintiff cannot legally sustain his petition, it will follow, that the result of the trial was right, and the judgment should not be disturbed.
It is not a valid objection, that the petition bears date before the plaintiff’s right of possession accrued as against John Soper, his judgment…
2Cases cited3 opinions
- Barnard v. PopeMassachusetts Supreme Judicial Court · 1817
- Hall & Chase v. J. & J. H. Peck, & Co.Supreme Court of Vermont · 1838
- Munroe v. WalbridgeSupreme Court of Vermont · 1827
3Cited by5 opinions
- Nichols v. NicholsSupreme Court of Vermont · 1856
- Stanley v. TurnerSupreme Court of Vermont · 1896
- City of Burlington v. Burlington Traction Co.Supreme Court of Vermont · 1898
- Howard v. BartlettSupreme Court of Vermont · 1898
- Brock v. EastmanSupreme Court of Vermont · 1856