Foss v. Stanton
Supreme Court of Vermont
Justice Ejectment. Plea, the general issue. Trial -by court at the September Term, 1902, Washington County, Watson, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the facts. No notice quit is necessary. Chamberlain v. Donahue, 45 Vt. 50; Rich v. Bolton, 46 Vt. 84. The plaintiff had the title when the suit was begun, and when it was tried. This is sufficient to enable him to maintain an action.
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Justice Ejectment. Plea, the general issue. Trial -by court at the September Term, 1902, Washington County, Watson, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the facts. No notice quit is necessary. Chamberlain v. Donahue, 45 Vt. 50; Rich v. Bolton, 46 Vt. 84. The plaintiff had the title when the suit was begun, and when it was tried. This is sufficient to enable him to maintain an action. Beach v. 'Beach, 20 Vt. 83; Bdgerton v. Clark, 20 Vt. .264; Gibson v. Seymour, 3 Vt. 565.
1Opinion of the CourtMunson, J.
The defendant is in possession under a written instrument by which the premises were let to him and his wife “to hold for the term of their and each of their natural lives.” The proceeding is that ordinarily spoken of as justice ejectment. We have no case of this kind where the tenancy in question was for more than a term of years. The defendant contends that the remedy is not available when the tenancy is for life.
There is nothing in the language of the statute that suggests any distinction between tenancies. The remedy is given when one in possession of demised premises under a written or *367pa…
2Cases cited5 opinions
- Davis v. HemenwaySupreme Court of Vermont · 1855
- Pitkin v. BurchSupreme Court of Vermont · 1875
- Hadley v. HavensSupreme Court of Vermont · 1852
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- President of Middlebury College v. LawtonSupreme Court of Vermont · 1851
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- Drouin v. WilsonSupreme Court of Vermont · 1907
- Canfield v. HallSupreme Court of Vermont · 1960
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