Legal Opinion

Arbuckle v. Walker

Supreme Court of Vermont

Decided October 15, 1890PublishedCited by 3 opinions

Ejectment. Heard upon the report of a referee at the September Term, 1889, Chittenden County, Munson, J., presiding. Judgment proforma for the plantiff. The defendant excepts. The opinion states the case. The defendant occupied the premises only in the right of his wife. He was not therefore in possession in such a sense that an action of ejectment could be maintained. The judgment could not be enforced. Hodson v. Van Eosson, 26 Mich. 68; Gilelvrist v. Messmer, 14 Mo.

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Ejectment. Heard upon the report of a referee at the September Term, 1889, Chittenden County, Munson, J., presiding. Judgment proforma for the plantiff. The defendant excepts. The opinion states the case. The defendant occupied the premises only in the right of his wife. He was not therefore in possession in such a sense that an action of ejectment could be maintained. The judgment could not be enforced. Hodson v. Van Eosson, 26 Mich. 68; Gilelvrist v. Messmer, 14 Mo. App. 83; Marvin v. Dennison, 20 Yt. 662; Stevens v. Griffith, 3 Yt. 448; Simmer y. McDamels, 4 Yt. 418. The reported facts…

1Opinion of the Court

The opinion of the court was delivered by

ROSS, J.

The plaintiff and defendant’s wife own and occupy adjoining premises in the city of Burlington. The action is ejectment to establish the line between their premises, and to put the plaintiff into possession of his premises, as found to exist, by such established line. The defendant once owned the premises now occupied by his wife. While holding the title to the premises, the defendant erected a house thereon, and set a line of stones, denominated coping, to mark the street line of the lot. The north end of the coping, -and northerly edge of the…

2Cases cited3 opinions

  1. Hodson v. Van FossenMichigan Supreme Court · 1872
  2. Skinner v. McDanielSupreme Court of Vermont · 1832
  3. Gitchell v. MessmerMissouri Court of Appeals · 1883

3Cited by3 opinions

  1. Keller v. KellerSupreme Court of Missouri · 1936
  2. Lynch v. Town of RutlandSupreme Court of Vermont · 1894
  3. State v. PeachSupreme Court of Vermont · 1898

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