Stevens v. Dewing
Supreme Court of Vermont
This was an action of ejectment for lands in Sheldon. Plea, general issue. The plaintiff claimed fhe land by virtue of a lease from Adams Stevens to him, to run as long as wood grows and water runs; said Martin to support said Adams and his wife during their lives.
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This was an action of ejectment for lands in Sheldon. Plea, general issue. The plaintiff claimed fhe land by virtue of a lease from Adams Stevens to him, to run as long as wood grows and water runs; said Martin to support said Adams and his wife during their lives. The defendant produced on trial the copy of the record of a similar lease from the plaintiff to one Theophihs Lamphier, to which Adams Stevens was a party, and a quit-claim deed from Lamphier to Adams Stevens of said premises. The defendant then showed a judgement in his favor against Adams Stevens, and an execution issued upon…
1Opinion of the CourtHutchinson, J.
after stating the case, pronounced th8 opinion of the court. — The charge of the county court, to which the defendant took exception, was, that, if the jury should find the conveyance from the plaintiff to Lamphier to have never been sealed, then to return a verdict for the plaintiff; but-, if they found it to have been sealed, to return a verdict for the defendant.
Though this charge seems to present but a single question, yet several distinct points, urged in argument, are involved in the decision of this.
The defendant relies upon the want of title in the plaintiff, as well as title in…
2Cases cited1 opinion
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- In re Appeal of BrownSupreme Court of Kansas · 1925
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- School District No. Five v. EverettMichigan Supreme Court · 1883
- White v. FullerSupreme Court of Vermont · 1865
- In re Fuller's EstateSupreme Court of Vermont · 1898
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