Spear v. Ralph
Supreme Court of Vermont
Ejectment, to recover the seizin and possession of lot No. 62, in the second division of lands in Warren. Plea, not guilty. Issue to the country.
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Ejectment, to recover the seizin and possession of lot No. 62, in the second division of lands in Warren. Plea, not guilty. Issue to the country. On the trial in the county court, the plaintiff gave in evidence a deed to himself of the lot in question, with certain other lots, in Warren, from one Daniel Spencer, dated July 18,1836, and recorded August 6,1836. The plaintiff further introduced testimony tending to show that in July or August, of the same year, he commenced a chopping on the lot, which he burned and cleared off in the season of 1837, and sowed in 1838. The possession of the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
From the cases which have been decided in this state, in regard to what acts are necessary to constitute a possession of land, where the person in whose name and^n whose behalf they are done, has a claim of title to the land by deed, it is obvious that the case now under consideration was properly submitted to the jury. The latest case upon the point in discussion, Chilson v. Buttolph, 12 Vt. R. 231, recognizes the principle that any act done upon land by one having a deed of it, which will bear the construction of an act of ownership…
2Cases cited1 opinion
- Doolittle v. LinsleySupreme Court of Vermont · 1827
3Cited by9 opinions
- Laird Properties New England Land Syndicate v. Mad River Corp.Supreme Court of Vermont · 1973
- Leach v. BeattieSupreme Court of Vermont · 1860
- Aldrich v. GriffithSupreme Court of Vermont · 1893
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Capen's Administrator v. SheldonSupreme Court of Vermont · 1905
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