Ripley v. Yale
Supreme Court of Vermont
Ejectment for land in Middlebury. Plea, the general issue, and trial by jury, June Term, 1846, — Bennett, J., presiding.
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Ejectment for land in Middlebury. Plea, the general issue, and trial by jury, June Term, 1846, — Bennett, J., presiding. On trial the plaintiff gave in evidence a deed of the premises from Russel Bly to himself, dated August Tl, 1841. It appeared that Bly, on the eighth day of February, 1839, made a parol agreement with the defendant for the sale of the premises, estimated at about thirty acres; and the defendant was to take them at the estimate, or have them measured, at his election ; and when he had made his election, and had furnished security for the payment of the balance of the…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The statute, under which the deed from Bly to the plaintiff is sought to be avoided, is founded on the equitable consideration, to which the interest of a party in the possession of land with a claim of right is supposed to be entitled. It provides, chap. 60, sec. 26, that a deed shall be absolutely void and of no effect to convey lands, “ if, at the time of the delivery thereof, such lands shall be in the actual possession of a person, claiming the same by possession, or in any other way, adverse to the grantor.” There can be no doubt, that…
2Cases cited5 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Hall v. DeweySupreme Court of Vermont · 1838
- Mitchell v. WalkerSupreme Court of Vermont · 1827
- Selleck v. StarrSupreme Court of Vermont · 1834
- Ripley v. YaleSupreme Court of Vermont · 1846