Carpenter v. Thayer
Supreme Court of Vermont
This was an action of ejectment for Lot No. 10, in the 3d division in Braintree. On trial, the plaintiff showed title to one undivided tenth part of said lot, and that the defendants were in possession. The defendants showed that said Hutchinson held, by quit claim deed of the whole lot, from one owning one undivided fifth part of said lot, and that the other defendants were in possession under Hutchinson.
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This was an action of ejectment for Lot No. 10, in the 3d division in Braintree. On trial, the plaintiff showed title to one undivided tenth part of said lot, and that the defendants were in possession. The defendants showed that said Hutchinson held, by quit claim deed of the whole lot, from one owning one undivided fifth part of said lot, and that the other defendants were in possession under Hutchinson. The plaintiff gave evidence tending to prove, that one Riford, claiming to be agent for the plaintiff, called on Hutchinson and requested to have the plaintiff let into possession of her…
1Opinion of the Court
The opinion of the coiirt was delivered by
Royce, J.
It was proved, on trial, that the plaintiff owned but one undivided tenth part of the land sued for, and that the defendants, Thayer and Nutting, were in possession of the whole lot, under the other defendant, Hutchinson. It, also, appeared that Hutchinson had a title to an undivided fifth part of the lot. The plaintiff and Hutchinson were thus shown to be tenants in common ; and the other , defendants, being in under Hutchinson, and, therefore entitled to stand upon his right, were, also, in effect, tenants in common with the plaintiff, to…
2Cases cited5 opinions
- Higbee v. RiceMassachusetts Supreme Judicial Court · 1809
- Barnard v. PopeMassachusetts Supreme Judicial Court · 1817
- Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
- Chapman v. GrayMassachusetts Supreme Judicial Court · 1819
- Shumway v. HolbrookMassachusetts Supreme Judicial Court · 1822
3Cited by4 opinions
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
- Roberts v. MorganSupreme Court of Vermont · 1858
- Bailey v. BaileyMichigan Supreme Court · 1877
- Morrison v. HolladayOregon Supreme Court · 1895