Mitchell v. Stevens
Supreme Court of Vermont
THIS was an action of ejectment, to recover the seizin and peaceable possession of a certain piece of land, called No. 18 5, laid to the original right of Zebulon Frost, in the town of Burlington.
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THIS was an action of ejectment, to recover the seizin and peaceable possession of a certain piece of land, called No. 18 5, laid to the original right of Zebulon Frost, in the town of Burlington. To prove a right of possession, the plaintiff offered a deed from Samuel Lane to Joshua Staunton, dated June 22, 1792, and recorded the 29th October, 1792, the description in which is this: “ all my right, title, interest, property, and demand, “ of, in, and unto two hundred acres of land, situate, and “ lying and being in Burlington aforesaid, bounded as follows : “ beginning at a hemlock tree,…
1Opinion of the CourtHutchinson, J.
Upon the trial of this cause a verdict was taken for the plaintiffs, subject to the opinion of this court, upon a case to be stated. The case is agreed upon by the parties, and now before the Court. Upon this case, three questions are raised, and now to be decided: 1st. Whether the decision of the Court was right in admitting the deed of Joshua Staunton to his daughter Sarah Peaslee, which was offered by the plaintiffs, to be read to the jury ? The objection is, not that there is any defect in the deed, any want of formality in its execution; but that it does not comprise the land in dispute.…
2Cited by3 opinions
- Alger v. KennedySupreme Court of Vermont · 1876
- Lippett v. KelleySupreme Court of Vermont · 1874
- White v. FullerSupreme Court of Vermont · 1865