Gibson v. Seymour
Supreme Court of Vermont
This was an action of ejectment for seventeen acres of land in Salisbury, part of a tract of forty-one acres. The parties both claimed title from Jacob Bartholomew, the plaintiff under a deed from said Bartholomew, dated August 7, 1820, conveying the said forty-one acres and also another lot and house in Salisbury.
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This was an action of ejectment for seventeen acres of land in Salisbury, part of a tract of forty-one acres. The parties both claimed title from Jacob Bartholomew, the plaintiff under a deed from said Bartholomew, dated August 7, 1820, conveying the said forty-one acres and also another lot and house in Salisbury. The defendant, Seymour, claimed title to the premises by virtue of the levy of an execution against said Bartholomew made in June, 1823. The defendant, Hale, had gone into posession under Seymour. At the trial in the county court, the defendants, in order to show that the deed from…
1Opinion of the Court
After argument,
Williams, J.
delivered the opinion of the Court. — We are satisfied that the decision made by the county court in this case was correct, except on one point. The parties both claim title under Jacob Bartholomew. The plaintiff has the elder title, and the jury must either have found that title fraudulent, or that he had parted with it at the time of trial. The deed to Parsons and Allen was introduced to show that fact. The court omitted to charge the jury as to the effect of that evidence, and the verdict of the jury may have been founded thereon.
The direction to the jury, as to…
2Cases cited5 opinions
- Collins v. TorryNew York Supreme Court · 1810
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Porter v. MilletMassachusetts Supreme Judicial Court · 1812
- Kelly v. BeersMassachusetts Supreme Judicial Court · 1815
- Coughnet v. EastenbrookNew York Supreme Court · 1814