Beach v. Beach
Supreme Court of Vermont
Ejectment for fifty acres of land in Hinesburgh. Plea not guilty, and issue to the country. On the trial in the county court, the plaintiff, to maintain the issue on his part, introduced a deed from the original proprietor and other deeds, tending to prove a good and sufficent title in the plaintiff to the lot in question, and it was admitted that the defendant was and had been in possession of the land from the time the plaintiff took his deed of the premises, which was…
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Ejectment for fifty acres of land in Hinesburgh. Plea not guilty, and issue to the country. On the trial in the county court, the plaintiff, to maintain the issue on his part, introduced a deed from the original proprietor and other deeds, tending to prove a good and sufficent title in the plaintiff to the lot in question, and it was admitted that the defendant was and had been in possession of the land from the time the plaintiff took his deed of the premises, which was something over fourteen years before the commencement of the suit, and it was not pretended by the plaintiff that he had…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action of ejectment in which the title is to be decided, the judgment in which is conclusive against both the plaintiff and defendant and their heirs. The question presented is, whether, at law, the title of the cestui que trust shall prevail against that of the trustee.
In the action of ejectment, in England, when the right of possession, only, is determined, the plaintiff must be vested with the legal title in order to maintain it, and no equitable title will answer. The trustee may maintain this action against his cestui…
2Cited by4 opinions
- Sawyer v. Town of SkowheganSupreme Judicial Court of Maine · 1868
- Town of Pownal v. MyersSupreme Court of Vermont · 1844
- Cearnes v. IrvingSupreme Court of Vermont · 1859
- Fitzpatrick v. FitzgeraldMassachusetts Supreme Judicial Court · 1859