Legal Opinion

Hazard v. Martin

Supreme Court of Vermont

Decided January 15, 1829PublishedCited by 7 opinions

This was an action of Trespass quare clausum fregit, said to have Been done on certain lands in Ferrisburgh ; and, on trial in tbe County Court, April Term, 1827, the defendant obtained a verdict ; and exceptions were taken to sundry decisions oí the-Court j and upon those exceptions, as allowed by the Judges, a hearing was had last term, and another full hearing this term.

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This was an action of Trespass quare clausum fregit, said to have Been done on certain lands in Ferrisburgh ; and, on trial in tbe County Court, April Term, 1827, the defendant obtained a verdict ; and exceptions were taken to sundry decisions oí the-Court j and upon those exceptions, as allowed by the Judges, a hearing was had last term, and another full hearing this term. It appears by said bill ot exceptions, that on trial, the plaintiff in order to prove his title to the premises in question, read in evidence, 1st. a deed from Abel Thompson and Elizabeth Chase, administrators upon the…

1Opinion of the CourtHutchinson, J.

For, the plaintiff produces no other title to the premises : but regularly traces this title to himself. And, immediately upon the decease of the widow, and consequent determination of her life estate, the plaintiff entered upon the premises, that had been incumbered with said dower, claiming under said administrators’ deed ; and the defendant, at the same time, entered upon the same premises, claiming them in the right of his wifé, who was heir at law, or one of the heirs at law, of the said Chase, the intestate. If, then, the deed from the administrators fail, for want of sufficient showing…

2Cases cited5 opinions

  1. Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
  2. Coxe v. SmithNew York Court of Chancery · 1820
  3. Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
  4. Higginson v. MeinSupreme Court of the United States · 1808
  5. Jackson ex dem. People v. WoodNew York Supreme Court · 1815

3Cited by7 opinions

  1. In re Will of WarfieldCalifornia Supreme Court · 1863
  2. Townsend v. Estate of DownerSupreme Court of Vermont · 1859
  3. O'Donnell v. GlennMontana Supreme Court · 1890
  4. Doolittle v. HoltonSupreme Court of Vermont · 1854
  5. Chandler v. Munkwitz Realty & Investment Co.Wisconsin Supreme Court · 1912

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