Legal Opinion

Smith v. Perry

Supreme Court of Vermont

Decided February 15, 1854PublishedCited by 6 opinions

Appeal from the probate court, for the district of Rutland; from the disallowance of the claim of the plaintiff, by the commissioners upon the estate of Issachar Reed, late of Rutland, deceased.

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Appeal from the probate court, for the district of Rutland; from the disallowance of the claim of the plaintiff, by the commissioners upon the estate of Issachar Reed, late of Rutland, deceased. The plaintiff filed in the county court, the following amended declaration: “ In a plea of the case for covenant broken, for that on the 12th “day of January, 1803, the said Issachar Reed, by his certain “ deed of that date, duly executed, signed with his hand and sealed “ with his seal and acknowledged and recorded, all in due form of “ law, for the consideration of eleven hundred dollars, paid to…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

I. In showing that the recovery of the land was by elder and better title than that of the covenantor, the will of Daniel Harris was put in the case, by the plaintiff. It is objected to this, that it did not appear to have been recorded in the town clerk’s office. This will was dated June 9, 1774, and proved May 2, 1781. It is not claimed that the existing statute requiring proceedings in the probate court, affecting the title of real estate, to be recorded in the town clerk’s office, can affect the present case, this statute being only…

2Cases cited2 opinions

  1. Booth v. StarrSupreme Court of Connecticut · 1814
  2. Keith v. DaySupreme Court of Vermont · 1843

3Cited by6 opinions

  1. Judd v. BallardSupreme Court of Vermont · 1894
  2. Downer v. BaxterSupreme Court of Vermont · 1857
  3. Clement v. Bank of RutlandSupreme Court of Vermont · 1889
  4. Allis v. FoleySupreme Court of Minnesota · 1914
  5. Cole v. KimballSupreme Court of Vermont · 1880

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