Sowles v. Carr
Supreme Court of Vermont
Ejectment to recover the possession and rent of premises leased to the defendant. Plea, not guilty and . disclaimer. Trial by jury at the September Term, 1895, Franklin County, Munson, J., presiding.
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Ejectment to recover the possession and rent of premises leased to the defendant. Plea, not guilty and . disclaimer. Trial by jury at the September Term, 1895, Franklin County, Munson, J., presiding. Albert Sowles, a witness for the plaintiff, having produced a memorandum which he claimed to have made at the time of the occurrence, Mr. Arthur, a witness for the defendant, was allowed to testify that at a former trial Mr. Sowles had produced a different paper as the original memorandum and to describe it and state its contents.
1Opinion of the CourtRowell, J.
The plaintiff could not recover without showing that the defendant was in possession when suit was brought, which was in June, 1894. It appeared that on February 1, 1883, the defendant took a-perpetual lease of the demanded premises and then went into possession thereunder, and .remained in possession and actual occupancy until the fall of 1893; but he claimed, and the testimony on his part tended to show, that between that time and the commencement of the suit, he surrendered possession to the plaintiff with her consent, and that she accepted and received possession at his hands, which she…
2Cases cited6 opinions
- McMahon v. . HarrisonNew York Court of Appeals · 1852
- Newton v. BrownSupreme Court of Vermont · 1876
- Rixford v. MillerSupreme Court of Vermont · 1877
- Stearn v. CliffordSupreme Court of Vermont · 1889
- Farr v. PayneSupreme Court of Vermont · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
- Temple Et Ux. v. AtwoodSupreme Court of Vermont · 1926
9 more not listed; retrieve them via the Exa API.