Smith v. Hastings
Supreme Court of Vermont
. EjectmeNt for the premises described in the deed from Daniel Hulett to Diana Smith. It appeared that Diana -Smith died on the 5th of May, 1855, that the plaintiffs were her children and heirs, and that her husband, the father of the plaintiffs, was living; that the defendant was in the possession of the premises, and had been duly notified of the decease of the said Diana, and that the possession of the premises had been demanded from him since the decease of Mrs. Smith,…
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. EjectmeNt for the premises described in the deed from Daniel Hulett to Diana Smith. It appeared that Diana -Smith died on the 5th of May, 1855, that the plaintiffs were her children and heirs, and that her husband, the father of the plaintiffs, was living; that the defendant was in the possession of the premises, and had been duly notified of the decease of the said Diana, and that the possession of the premises had been demanded from him since the decease of Mrs. Smith, and before the commencement of the suit. The plaintiffs claimed no title to the premises except under the deed to Diana…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session in June, by
Redfield, Ch. J.
This case was decided in the court below and has been argued chiefly in this court upon the effect of the deed from Daniel Hulett to Diana Smith, that is, upon the question whether it conveyed a fee simple, or only a life estate, to the first grantee.
This question seems to involve, to some extent, the rule in Shelly’s case, 1 Coke 93. This question was somewhat examined in a late case, Blake v. Stone, 27 Vt. 475. It was there considered that the rule in Shelly’s case was to be regarded as of no special *243fo…
2Cases cited1 opinion
- Blake v. StoneSupreme Court of Vermont · 1855
3Cited by10 opinions
- Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
- Doyle v. AndisSupreme Court of Iowa · 1905
- Johnson v. BardenSupreme Court of Vermont · 1912
- Lytle v. HulenOregon Supreme Court · 1928
- Gilkey v. ShepardSupreme Court of Vermont · 1879
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