Spaulding v. Warren
Supreme Court of Vermont
Ejectment, for lands in Cavendish. The case was referred to referees, who reported the following facts: That the premises described in the plaintiff’s declaration are the southerly half of a piece of land, an undivided half of which was deeded by Asa Wheeler to the plaintiff, and one Isaac Spaulding, by deed dated August 17, 1815, and recorded in Cavendish Land Records, on the same day; and an undivided fourth part was deeded by the said Isaac Spaulding to the plaintiff by…
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Ejectment, for lands in Cavendish. The case was referred to referees, who reported the following facts: That the premises described in the plaintiff’s declaration are the southerly half of a piece of land, an undivided half of which was deeded by Asa Wheeler to the plaintiff, and one Isaac Spaulding, by deed dated August 17, 1815, and recorded in Cavendish Land Records, on the same day; and an undivided fourth part was deeded by the said Isaac Spaulding to the plaintiff by deed dated October 14, 1816, and recorded in Cavendish Land Records, May 10, 1822. That prior to 1816, a small part of…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The question, in relation to a variance between the description of the premises in the declaration and the proof, is avoided by the reference of this case, and the report of the referees thereon. On a reference, the suit is to be tried without strict regard to the pleadings in the case, or the issue formed upon the record. In the case of Eddy v. Sprague, 10 Vt. 218, it was held, that on a trial before referees, “ the declaration is important “ only to determine the extent of the submission, and that the refer- “ ence is of the whole case to be…
2Cases cited2 opinions
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Doolittle v. LinsleySupreme Court of Vermont · 1827
3Cited by9 opinions
- Amey v. HallSupreme Court of Vermont · 1962
- Abbott v. AbbottSupreme Judicial Court of Maine · 1863
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- D'Orazio Et Ux. v. PashbySupreme Court of Vermont · 1930
- Aldrich v. GriffithSupreme Court of Vermont · 1893
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