Bown v. Bean
Supreme Court of Vermont
THIS was an action of ejectment for lot number 37, iii|he third division of lands in Milton, laid to the original right of J..T• one of the grantees in the charter of Milton. having shewn a good title in the plaintiffs to the said right of J. T, in the town of Milton, offered in evi- . dence, an office copy of a deed from a third preson to the defendant of the same lot, as laid to the same right; and contended that this rendered it unnecessary for the plaintiff to produce…
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THIS was an action of ejectment for lot number 37, iii|he third division of lands in Milton, laid to the original right of J..T• one of the grantees in the charter of Milton. having shewn a good title in the plaintiffs to the said right of J. T, in the town of Milton, offered in evi- . dence, an office copy of a deed from a third preson to the defendant of the same lot, as laid to the same right; and contended that this rendered it unnecessary for the plaintiff to produce any evidence of a division.
1Opinion of the Court
By the Court.
It has long, been settled, that where the plaintiff and defendant claim the same land under the same proprietary division, the defendant is precluded from disputing the legality of the proprietary proceedings in making the division. This is in perfect analogy to the principle, so well settled, that where the plaintiff and defendant both claim title from the same source, neither can call in question the validity of the title in the person, from whom both parties claim to hold their title. Still in this case, until the plaintiff shew a division in fact, it cannot appear that there…
2Cited by1 opinion
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