Aldis v. Burdick
Supreme Court of Vermont
This case came into this court upon exceptions taken in the county court. The action was ejectment for lands in Burlington. The plaintiff declared upon his own seizin as executor, and the defendant pleaded the general issue. On trial the plaintiff gave no evidence of his appointment as executor, and the court held it unnecessary. Both parties claimed title from one Tliaddeus Tut-tle.
Read the full summary
This case came into this court upon exceptions taken in the county court. The action was ejectment for lands in Burlington. The plaintiff declared upon his own seizin as executor, and the defendant pleaded the general issue. On trial the plaintiff gave no evidence of his appointment as executor, and the court held it unnecessary. Both parties claimed title from one Tliaddeus Tut-tle. The plaintiff relied upon the levy of an executor upon the land in favor of the United States against Tuttle, and a subsequent sale of the land to plaintiff’s testator under instructions from the secretary of the…
1Opinion of the Court
The opinion of the court was pronounced by
Reditield, J.
The counsel in this case seem to have expected that the questions raised upon the merits of the case should be considered and decided by the court in order to dispose of the case, notwithstanding the court might be inclined against the decision of the county court, upon the question of not requiring the plaintiff to prove his appointment as executor under the general issue.
The levy is first objected to as being void. It is said the officer’s return does not show that the appraisers wore legally appointed. The words of the return are, that…
2Cases cited4 opinions
- Eastman v. CurtisSupreme Court of Vermont · 1832
- Clapp v. BeardsleySupreme Court of Vermont · 1828
- Cleveland v. AllenSupreme Court of Vermont · 1832
- State v. BishopSupreme Court of Vermont · 1797
3Cited by4 opinions
- Denver, South Park & Pacific Railway Co. v. WoodwardSupreme Court of Colorado · 1877
- In re Clark's EstateSupreme Court of Vermont · 1906
- White v. FullerSupreme Court of Vermont · 1865
- Stacy v. BostwickSupreme Court of Vermont · 1876