Adams v. Jackson
Supreme Court of Vermont
THIS cause came before the Court on a motion by the plaintiff, for a reversal of the judgment of the county court, and for a new trial, founded on exceptions taken at the trial, and certi-. fied up, as follows: This was an action of ejectment, to recover the seizin and peaceable possession of a certain tract of land, lying in the town of Addison, being part of lot of No. 160, of the second division of the right of Christopher Holmes. Plea, the general issue.
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THIS cause came before the Court on a motion by the plaintiff, for a reversal of the judgment of the county court, and for a new trial, founded on exceptions taken at the trial, and certi-. fied up, as follows: This was an action of ejectment, to recover the seizin and peaceable possession of a certain tract of land, lying in the town of Addison, being part of lot of No. 160, of the second division of the right of Christopher Holmes. Plea, the general issue. The plaintiff claimed the title to said premises, by a deed of the sale thereof at publick vendue, under “An act assessing a tax of one…
1Opinion of the Court
The opinion of the Court was pronounced by
Skinner, Ch. J.
It seems to have been taken for granted, on the trial, that it was necessary for the plaintiff to show, that the first constable, under whose deed he claimed the lands in question, was duly appointed and sworn as such officer, and the town record was rejected by the court, as being insufficient for that purpose.
If it was incumbent on the plaintiff to prove the appointment of the constable, and that he was sworn, I should doubt the correctness of the decision of the county court. The records of the town clerks generally, in the state,…
2Cases cited1 opinion
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
3Cited by5 opinions
- McGregor v. BalchSupreme Court of Vermont · 1842
- State v. BatesSupreme Court of Vermont · 1863
- Courser v. PowersSupreme Court of Vermont · 1861
- Foster v. Estate of CaldwellSupreme Court of Vermont · 1846
- Town of Lyndon v. MillerSupreme Court of Vermont · 1863