Legal Opinion

Sawyer v. Adams

Supreme Court of Vermont

Decided February 15, 1836PublishedCited by 25 opinions

This was an action of ejectment commenced at the county court .against Cyrus Adams and .James Adams. Cyrus Adams suffered a default. But James set up a title under a deed from Cyrus. The cause was passed to this court by exceptions taken by the plaintiff to the charge of the court to the jury on trial below. The facts in the case are stated by the chief justice in delivering his ^opinion.

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This was an action of ejectment commenced at the county court .against Cyrus Adams and .James Adams. Cyrus Adams suffered a default. But James set up a title under a deed from Cyrus. The cause was passed to this court by exceptions taken by the plaintiff to the charge of the court to the jury on trial below. The facts in the case are stated by the chief justice in delivering his ^opinion. We contend the defendant has not procured his mortgage to be recorded in compliance with the statute. The delivery of it to the town clerk and procuring the.entry to be .made which appears on the back of it…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Cb. J.

The plaintiffs, being creditors of Cyrus Adams, attached the premises in question, recovered judgment and levied their execution thereon.

The defendant, James Adams, being in possession of the premises, they commenced their action against James and Cyrus Adams. James set up a title under a mortgage deed from Cyrus of a prior date, duly executed and acknowledged and on which there is a certificate of Cyrus, who was then town clerk, that it was received for record and recorded. On referring to the records it is found that the mortgage deed…

2Cases cited1 opinion

  1. Beekman v. FrostNew York Supreme Court · 1820

3Cited by25 opinions

  1. Gilchrist v. GoughIndiana Supreme Court · 1878
  2. Bishop v. SchneiderSupreme Court of Missouri · 1870
  3. Cady v. PurserCalifornia Supreme Court · 1901
  4. Gillig v. . MaassNew York Court of Appeals · 1863
  5. Ritchie v. MetcalfeWashington Supreme Court · 1890

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