Reynolds v. Bean
Supreme Court of Vermont
Ejectment. Plea, the general issue. Trial by court at the December Term, 1915, Windsor County, Miles, J., presiding. Judgment for the plaintiff. Defendant excepted. The opinion states the case. The real estate for which this actionds brought was not conveyed to the wife to her sole and separate use, and the husband has the right to possession and control of the property and should be joined as party plaintiff. Laird v. Berry, 74 Yt. 454; Bishop v. Beadsboro Chair Mfg.
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Ejectment. Plea, the general issue. Trial by court at the December Term, 1915, Windsor County, Miles, J., presiding. Judgment for the plaintiff. Defendant excepted. The opinion states the case. The real estate for which this actionds brought was not conveyed to the wife to her sole and separate use, and the husband has the right to possession and control of the property and should be joined as party plaintiff. Laird v. Berry, 74 Yt. 454; Bishop v. Beadsboro Chair Mfg. Co., 85 Yt. 144; In re Nelson’s Will, 70 Yt. 130; Dietrich v. Hutchinson, 73 Vt. 134; Park v. Pratt, 38 Yt. 545; Ainger v.…
1Opinion of the CourtPowers, J.
This is an action of ejectment brought by a married woman to recover lands belonging to her, but not held to her sole and separate use. Judgment below was for the plaintiff on facts found by the court, and the defendant’s exceptions to this judgment present the only questions for our determination.
*249The first point raised by the defendant is that the judgment cannot stand because the husband should have joined in bringing the action.
The husband’s common law relation to the lands of the wife not held to her sole and separate use was peculiar. He was not alone seized thereof, — nor was she; but…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. ParkerSupreme Court of the United States · 1916
- Hicks v. LovellCalifornia Supreme Court · 1883
- Burnett v. CaldwellSupreme Court of the United States · 1870
- Talley v. Kingfisher Improvement Co.Supreme Court of Oklahoma · 1909
- Hutchinson v. CoonleyIllinois Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922
- Server v. LangSupreme Court of Vermont · 1918
- Gaines v. BaldwinSupreme Court of Vermont · 1918
- Sargent v. Platt and PlattSupreme Court of Vermont · 1940
- Anderson v. NicholsSupreme Court of Vermont · 1919
3 more not listed; retrieve them via the Exa API.