Catlin v. Washburn
Supreme Court of Vermont
This was an action of ejectment to recover the seizin, &c. of about thirteen-acres of land with the tenements thereto belonging, being part of lot no. — -—At the trial in the county court the plaintiff proved that in March, 1799, one Benjamin Adams lived on the premises in question with his family, and remained there till the year 1807 ; that afterwards one Elliclc Powell purchased of Adams and occupied the same till the spring of 1813, when Abram Brinsmaid entered under…
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This was an action of ejectment to recover the seizin, &c. of about thirteen-acres of land with the tenements thereto belonging, being part of lot no. — -—At the trial in the county court the plaintiff proved that in March, 1799, one Benjamin Adams lived on the premises in question with his family, and remained there till the year 1807 ; that afterwards one Elliclc Powell purchased of Adams and occupied the same till the spring of 1813, when Abram Brinsmaid entered under said Powell, and remained there till April, 1815, when he gave up the possession to Giles. T. Chit-tenden, who had…
1Opinion of the Court
*35The opinion of the Court was delivered by
Williams, J.
This case presents the following questions for consideration:
1st. Whether the deed executed by Chittenden to Gatlin was duly proved so that it could be read in evidence.
2nd. Whether the defendant could insist on the want of a regular notice to quit before the plaintiff could recover in this action.
3d. Whether the deed executed by Chittenden was a mortgage deed, and the mortgage discharged by plaintiff.
4th> Whether the decree in chancery,made in the case between Adams and the plaintiff, was evidence that the title to a part of the premises…
2Cases cited4 opinions
- Snider v. CroyNew York Supreme Court · 1807
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Pidge v. TylerMassachusetts Supreme Judicial Court · 1808
- Hanchet v. WhitneySupreme Court of Vermont · 1828
3Cited by5 opinions
- Fischer v. KennedySupreme Court of Connecticut · 1927
- Polson v. ParsonsSupreme Court of Oklahoma · 1909
- Wallace v. Ocean Grove Camp Meeting Ass'n of Methodist Episcopal ChurchCourt of Appeals for the Third Circuit · 1906
- Blethen v. DwinalSupreme Judicial Court of Maine · 1853
- Wendell v. AbbottSupreme Court of New Hampshire · 1861