Legal Opinion

Buck v. Squiers

Supreme Court of Vermont

Decided March 15, 1850PublishedCited by 31 opinions

Ejectment for land in Chelsea. The suit was brought in the name of the heirs of D. Azro A. Buck, as plaintiffs, for the benefit of Sereno Allen, to whom the plaintiffs conveyed the demanded premises by deeds dated September 7, 1847, and November 11, 1847, the defendant being in posséssion of the premises at the time, claiming adversely to the plaintiffs. Plea, the general issue, and trial by jury, December Term, 1848, — Redfield, J., presiding.

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Ejectment for land in Chelsea. The suit was brought in the name of the heirs of D. Azro A. Buck, as plaintiffs, for the benefit of Sereno Allen, to whom the plaintiffs conveyed the demanded premises by deeds dated September 7, 1847, and November 11, 1847, the defendant being in posséssion of the premises at the time, claiming adversely to the plaintiffs. Plea, the general issue, and trial by jury, December Term, 1848, — Redfield, J., presiding. The plaintiffs proved, that the land in dispute had formerly, for more than fifteen years, been in the possession of the plaintiffs’ ancestor, he…

1Opinion of the Court

The opinion of the court was delivered by

Poland, J.

The first question made In this case arises upon the defendant’s objection, that this action cannot be sustained by the present plaintiffs, because there has been no decree made by the Probate Court, directing a division of the estate among the several heirs entitled to it; and the case of Board-man v. Bartlett, 6 Vt. 631, is relied upon, to sustain the objection. That case arose and was decided under the statute of 1821, which expressly prohibited heirs and devisees from maintaining actions of trespass, or ejectment, for lands of the…

2Cases cited5 opinions

  1. Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
  2. Town of Chatham v. BrainerdSupreme Court of Connecticut · 1835
  3. Champlin v. PendletonSupreme Court of Connecticut · 1838
  4. Starr v. ChildNew York Supreme Court · 1838
  5. Boardman v. BartlettSupreme Court of Vermont · 1834

3Cited by31 opinions

  1. Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
  2. Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
  3. Prall v. BurckharttIllinois Supreme Court · 1921
  4. Marks v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1925
  5. Texas Bitulithic Co. v. WarwickTexas Commission of Appeals · 1927

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