Brock v. Eastman
Supreme Court of Vermont
Petition for partition, to which the defendant plead several pleas in bar, the first of which was that the defendant was seized and possessed of the premises referred to in his own right, “ without that, that the said petitioner was, and is seized of any part thereof as tenant in common, as in his petition he hath alleged.”
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Petition for partition, to which the defendant plead several pleas in bar, the first of which was that the defendant was seized and possessed of the premises referred to in his own right, “ without that, that the said petitioner was, and is seized of any part thereof as tenant in common, as in his petition he hath alleged.” Upon the trial, it appeared that the defendant, on the 30th of December, 1850, was the owner of a piece of land, including the premises of which a partition was petitioned for, which, at that date, he mortgaged to Samuel A. and Thomas L. Tucker, with an exception in the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think there is one point in the case which is fatal to the plaintiff’s petition, and none other need be considered. The first plea puts in issue the seizin of the defendant, as tenant in common with the petitioner; and the exceptions find that the defendant was the sole owner of the premises at the time he executed his mortgage to the Tuckers, in 1850, and that he has ever since been in the sole possession of the premises, claiming adversely to the petitioner under his levy of execution. The object of the proceeding in a petition for…
2Cases cited2 opinions
- Barnard v. PopeMassachusetts Supreme Judicial Court · 1817
- Hawley v. SoperSupreme Court of Vermont · 1846
3Cited by3 opinions
- Hoffman v. BeardMichigan Supreme Court · 1870
- Fuller v. MontagueCourt of Appeals for the Sixth Circuit · 1893
- Spight v. WaldronMississippi Supreme Court · 1875