Tarbell v. Tarbell
Supreme Court of Vermont
COVENANT in two counts. The first was for breach of covenant of ownership of a piece of land, six feet wide and fifty feet long, in the village of South Royalton, from which the plaintiff was ousted by Aaron N. King; the second for a breach of covenant to warrant and defend said land, claiming as damages plaintiff’s time and expenses in the chancery suit in which said King recovered the same. Trial by jury, December Term, 1886, Walker, J., presiding.
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COVENANT in two counts. The first was for breach of covenant of ownership of a piece of land, six feet wide and fifty feet long, in the village of South Royalton, from which the plaintiff was ousted by Aaron N. King; the second for a breach of covenant to warrant and defend said land, claiming as damages plaintiff’s time and expenses in the chancery suit in which said King recovered the same. Trial by jury, December Term, 1886, Walker, J., presiding. Verdict for the plaintiff. See Tarbell v. Tarbell, 57 Vt. 492. Motion for new trial. It was conceded that plaintiff was evicted from said strip…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The defendants moved in arrest of judgment for alleged defects in the second count, in that it did not allege that the costs and expenses in the King suit were ascertained and notice of the amount given to the defendants and demand made therefor.
This count set out the fact of King’s claim and suit against this plaintiff, notice thereof by the plaintiff to the defendants, request to defend, neglect so to do, result in favor of King, defence by this plaintiff, costs and expense thereof; to wit, $1,000, and payment by this plaintiff, which he…
2Cases cited8 opinions
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Pitkin v. LeavittSupreme Court of Vermont · 1841
- Williams v. GrangerSupreme Court of Connecticut · 1810
- Downer v. BaxterSupreme Court of Vermont · 1857
- Mann v. Town of FairleeSupreme Court of Vermont · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Smith v. MartinSupreme Court of Vermont · 1919
- Bellows Falls Village Corp. v. State Highway BoardSupreme Court of Vermont · 1963
- Carpenter v. WilleySupreme Court of Vermont · 1892
- Luther Baker & Sons v. ShermanSupreme Court of Vermont · 1899
6 more not listed; retrieve them via the Exa API.