Legal Opinion

Keyes v. Hill

Supreme Court of Vermont

Decided August 15, 1858PublishedCited by 7 opinions

Assumpsit for use and occupation of a part of a house in St. Johnsbury. Plea, the general issue, and trial by the court at the December Term, 1857, — Poland, J. presiding. Dr. Calvin Jewett, of St. Jobnsbury, died in December, 1853, leaving a widow and eight children.

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Assumpsit for use and occupation of a part of a house in St. Johnsbury. Plea, the general issue, and trial by the court at the December Term, 1857, — Poland, J. presiding. Dr. Calvin Jewett, of St. Jobnsbury, died in December, 1853, leaving a widow and eight children. The children were ail by a former marriage and they were all of full age, and had all resided away from the house of their father for some years, some of them in other states of the Union, and one of them in Turkey in Asia. Dr. Jewett, at the time of his decease, owned a building lot in the village of St. Johnsbury, upon which…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

This is assumpsit for use and occupation. The alleged right to maintain this suit is grounded upon the right of the children of Dr. Jewett, under sec. 4, ch. 65 of the Comp. Stat.

*764Dr. Jewett died in 1853, leaving a second wife as widow, and eight children by a former wife. All of said children were of full age at the time of his death, and had resided away from the house and home of their father for some years — some of them in other states of the Union, and one of them in Turkey, in Asia. One of those children is the wife of the plaintiff,…

2Cases cited1 opinion

  1. Howard & Shattuck v. RansomSupreme Court of Vermont · 1827

3Cited by7 opinions

  1. Hogsett v. EllisMichigan Supreme Court · 1868
  2. McClary v. BixbySupreme Court of Vermont · 1863
  3. Campbell v. AdairMississippi Supreme Court · 1871
  4. Hoppe v. HoppeCalifornia Supreme Court · 1894
  5. Breen v. BreenSupreme Court of Kansas · 1918

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