Munroe v. Walbridge
Supreme Court of Vermont
THIS was a petition for partition of lands in Bennington. The defendants pleaded, That the petitioner had no title, &c. on which issue was joined.
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THIS was a petition for partition of lands in Bennington. The defendants pleaded, That the petitioner had no title, &c. on which issue was joined. On the trial of this issue, by a jury, at the February term of this Court, 1823, the petitioner offered the following evidence, which was admitted. 1. Moses Sage’s deed to Joshua Munroe, dated the 18th day of February, 1806, of one undivided equal fourth part of the premises; consideration, $1040. The copy of a bond of defeasance, given the same day, conditioned, that on payment of said sum, on the 1st day of September, 1806, by Moses Sage, the…
1DissentPrentiss, J.
dissentiente. He said, that to sustain the petition in this case, was indulging the mortgagees in a very useless proceeding--~That he had made up his mind at the last term, that the non-suit ought not to be set aside, and he had seen no reason to alter his opinion.
Skinner, Ch. J. having been of counsel, did not sit in the cause.
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