Legal Opinion

Administrator of Barnard v. Russell

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 5 opinions

Ejectment for land in Woodstock, described as follows; — “Be- ‘ ginning in the north line of the road from the brick meeting house i to the jail in Woodstock, at the south-west corner of the house lot ‘ where Grover Dodge formerly lived, but where Asa Tinkham now ' lives; thence running north seventeen degrees west six rods; thepce ‘ south fifty-nine degrees east two rods and seventeen, links to the ‘south-west corner of the place on which avlarge barn formerly ‘ stood;…

Read the full summary

Ejectment for land in Woodstock, described as follows; — “Be- ‘ ginning in the north line of the road from the brick meeting house i to the jail in Woodstock, at the south-west corner of the house lot ‘ where Grover Dodge formerly lived, but where Asa Tinkham now ' lives; thence running north seventeen degrees west six rods; thepce ‘ south fifty-nine degrees east two rods and seventeen, links to the ‘south-west corner of the place on which avlarge barn formerly ‘ stood; thence north twenty degrees west, by the west side of said ‘ barn, to Amos Warren’s garden; thence north eighty-eight…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The only question in this case is in regard to the description of the land. The statute, in such cases, requires the land to be described by “ metes and bounds.” It is so described here, if described at all. •

We are not aware, that the question in this case is to be viewed any differently, because the land has been subsequently levied upon by other creditors. The question is not, which of these levies is the more perfect, but, is that of the defendant such as will enable him to hold the land? And we do not see why, if the levy is good *337as…

2Cases cited3 opinions

  1. Gilman v. ThompsonSupreme Court of Vermont · 1839
  2. Galusha v. SinclearSupreme Court of Vermont · 1831
  3. Maeck v. SinclearSupreme Court of Vermont · 1838

3Cited by5 opinions

  1. Richmond v. WoodardSupreme Court of Vermont · 1860
  2. Fullam v. FosterSupreme Court of Vermont · 1896
  3. Rutland Railroad v. ChaffeeSupreme Court of Vermont · 1899
  4. Hart v. MurdockNebraska Supreme Court · 1907
  5. Clark v. MitchellNevada Supreme Court · 1913

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API