Patch v. Keeler
Supreme Court of Vermont
Ejectment. The plaintiffs claimed title to the premises in question, as owners of the reversion of that portion of the dower set out to Mary Wood, the widow of Elijah Wood, which were described in the report of the commissioners as follows, “ also three rows of apple trees on the west side of the orchard, running north and south in the centre between the third and fourth rows,” the said Mary Wood having deceased.
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Ejectment. The plaintiffs claimed title to the premises in question, as owners of the reversion of that portion of the dower set out to Mary Wood, the widow of Elijah Wood, which were described in the report of the commissioners as follows, “ also three rows of apple trees on the west side of the orchard, running north and south in the centre between the third and fourth rows,” the said Mary Wood having deceased. The premises claimed to be covered by the above description were described in the declaration by definite courses and distances. The defendants plead the general issue; trial by…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
This is an action of ejectment to recover the same land $et off as dower to Mary Wood, in the estate of her husband. The description in the declaration includes what the defendants claimed was the second, third and fourth rows of apple trees, whereas the dower set off was “the three rows of apple trees on the west side of the orchard.” There being two trees in a row west of those claimed by the plaintiffs, in the orchard lot, and two more in the same row, but in a pasture lot, the plaintiff's claimed that those four trees were not to be…
2Cited by4 opinions
- Walsh v. FarringtonSupreme Court of Vermont · 1933
- Cilley v. BaconSupreme Court of Vermont · 1915
- Rugg v. WardSupreme Court of Vermont · 1892
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915