Blake v. Tucker
Supreme Court of Vermont
This was an action of trespasson a tract of land called Avery’s Gove, attached to the town of Huntington. Plea, not guilty, and trial by jury. 1 Upon the trial in the county court, the plaintiffs offered a charter of Avery’s Gore from the State of Vermont to Samuel Avery, dated January 27, 1791, and also the copy of a d'"ed, from the same Avery, to Marvin & Crampton, dated November 1, 1790, in and by which deed the said Avery did “give, grant, bargain, sell, alien, release,…
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This was an action of trespasson a tract of land called Avery’s Gove, attached to the town of Huntington. Plea, not guilty, and trial by jury. 1 Upon the trial in the county court, the plaintiffs offered a charter of Avery’s Gore from the State of Vermont to Samuel Avery, dated January 27, 1791, and also the copy of a d'"ed, from the same Avery, to Marvin & Crampton, dated November 1, 1790, in and by which deed the said Avery did “give, grant, bargain, sell, alien, release, convey and confirm” unto the said Marvin & Crampton, their heirs and assigns, the land in question, and covenanted to…
1Opinion of the Court
The opinion of the court was deiivered'by
Redfield, J.
In the trial in the county court, it appeared that Samuel Avery, the original grantee of the land under the state, did not obtain his charter until after he conveyed the land. His conveyance was by deed of quitclaim, with a special covenant of warranty against all title then existing, or subsequently to be derived from the state of Vermont.
The plaintiffs’ counsel now offer to show, that Avery had, in fact, obtained a grant of the land anterior to his conveyance, by attaching to the papers, already in the case, a duly authenticated copy of…
2Cases cited1 opinion
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1821
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- Adams v. GaySupreme Court of Vermont · 1847
- Page v. Fees-Krey, Inc.Supreme Court of Colorado · 1980
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