Maeck v. Sinclear
Supreme Court of Vermont
Ejectment, to recover the seizin and possession of one equal undivided fourth part of a saw mill, mill yard, and privileges, situate in Jerico. Plea — Not guilty. Issue to the court.
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Ejectment, to recover the seizin and possession of one equal undivided fourth part of a saw mill, mill yard, and privileges, situate in Jerico. Plea — Not guilty. Issue to the court. On the trial in the county court, the plaintiff, to prove title to the premises, gave in evidence a copy of a deed from Truman Barney to Samuel Sinclear and Joseph Sinclear, dated Mayl4,1811, of all the land and mill privilege in question; a copy of a deed from Joseph Sinclear to Gideon O. Dixon, dated Feb. 8,1821, of an equal undivided half of the same land and mill privilege, and in both of these deeds, the…
1Opinion of the Court
The opinion of the Court was delivered by
Collamr, J.
/Title is derived to. the Plaintiff through Roswell Butler, who held by levy of an execution against Dixon; and the first question is on the sufficiency of that levy, The only objection is in relation to tlpe description of the premises. 'Rhe statute provides that the description shffll be •“ by metes and bounds or otherwise, with as much precision as the nature and situation of the property will admit.” This levy was upon an undivided fourth part of a mill, mill-yard, and privilege, probably including water &c, The description should be…
2Cited by2 opinions
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- Watkins v. Merrihew's EstateSupreme Court of Vermont · 1926