Town of Corinth v. Emery
Supreme Court of Vermont
Ejectment to recover possession of certain lands in the town of Corinth. Plea, the general issue. Trial by court at the De' eember term, 1890, Boss, Ch. J., presiding, upon an agreed statement of facts. Judgment pro forma that the plaintiff recover possession of the demanded premises with $50 damages and costs. The defendant excepts. The premises in question were deeded to Loren Emery and . wife in 1879, and had always been jointly occupied by them.
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Ejectment to recover possession of certain lands in the town of Corinth. Plea, the general issue. Trial by court at the De' eember term, 1890, Boss, Ch. J., presiding, upon an agreed statement of facts. Judgment pro forma that the plaintiff recover possession of the demanded premises with $50 damages and costs. The defendant excepts. The premises in question were deeded to Loren Emery and . wife in 1879, and had always been jointly occupied by them. In 1883 suit was begun against Loren Emery as surety on a collector’s bond, and judgment subsequently obtained. An execution, predicated upon…
1Opinion of the CourtTaft, J.
The plaintiff claims an interest in the demanded premises by virtue of a levy of, and sale upon, an execution in its favor against the defendant. The defendant’s interest in the premises, at the time of the levy and sale, arose under a deed conveying the premises to himself and wife. It is conceded that the estate created by the deed was one by entirety. This estate, created by conveyance to husband and wife, is a peculiar one. The interest of the grantees is not joint, nor in common. The parties do not hold moieties, but take as one person, taking as a corporation would take; they have but…
2Cases cited10 opinions
- Chandler v. CheneyIndiana Supreme Court · 1871
- Davis v. ClarkIndiana Supreme Court · 1866
- In re the Appeal of LewisMichigan Supreme Court · 1891
- Wright v. . SaddlerNew York Court of Appeals · 1859
- Whittlesey v. FullerSupreme Court of Connecticut · 1836
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