Legal Opinion

Sanger v. Craigue

Supreme Court of Vermont

Decided March 15, 1838PublishedCited by 19 opinions

Ejectment for east half of lot No. 88, in Troy. The plaintiff and defendant both claimed title from Joseph Craigue. The deed, under which defendant claimed, was of the same land and prior in date to the deed to plaintiff, but was recorded, by a mistake of the town clerk, as a deed of the west half of lot No. 88. The county court decided that the plaintiff was entitled to recover; — to which decision the defendant excepted. insisted that a grantee, leaving a deed with the…

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Ejectment for east half of lot No. 88, in Troy. The plaintiff and defendant both claimed title from Joseph Craigue. The deed, under which defendant claimed, was of the same land and prior in date to the deed to plaintiff, but was recorded, by a mistake of the town clerk, as a deed of the west half of lot No. 88. The county court decided that the plaintiff was entitled to recover; — to which decision the defendant excepted. insisted that a grantee, leaving a deed with the town clerk for record, does all he is bound to do or can do, and that he is then entitled to all the protection which a…

1Opinion of the Court

The opinion of the Court was delivered.by

Williams, C. J.

From the records of the town it appears that Joseph Craigue, being the owner of lot No. 88, in the township of Troy, conveyed the east half of the same to the plaintiff by deed, dated the 25th of August, 1835. He had previously deeded the same to one Alexander Wright, under whom the defendant was in possession, but, by mistake of the town clerk, the deed, which was executed to Wright, and which was of a prior date to the deed executed to the plaintiff, was recorded as a deed of the west half. In the absence of any proof of notice to the…

2Cases cited1 opinion

  1. Rublee v. MeadSupreme Court of Vermont · 1830

3Cited by19 opinions

  1. Taylor v. HarrisonTexas Supreme Court · 1877
  2. Gilchrist v. GoughIndiana Supreme Court · 1878
  3. Bailey v. GalpinSupreme Court of Minnesota · 1889
  4. Carter v. HawkinsTexas Supreme Court · 1884
  5. Barnard v. CampauMichigan Supreme Court · 1874

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