Bowker v. Walker
Supreme Court of Vermont
This was an ejectment for two tracts of lands in Chester, one of 100 acres and the other of 20 acres, to which the defendant pleaded not guilty. The cause was now heard upon exceptions taken and certified at a jury trial in this court at a former term.
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This was an ejectment for two tracts of lands in Chester, one of 100 acres and the other of 20 acres, to which the defendant pleaded not guilty. The cause was now heard upon exceptions taken and certified at a jury trial in this court at a former term. The exceptions showed that the plaintiff relied upon a right to recover by possession; and for that purpose produced and read in evidence a vendue deed of a large tract of land, of which the premises in question formed a part, from Waitstill Ranny to Ezra Sargeant, dated June 10, 1799. He also gave in evidence a deed dated Dec. 10, 1799 from…
1Opinion of the CourtRoyce, J.
The general question submitted is, whether the plaintiff at the trial, made out a case which, if lupcontradieted, and not at all weakened by evidence on the other side, would entitle him to recover. The original title to the premises in question does not appear.. Ezra Sargeant, having.a colour of title under Ranny's deed to a tract including these premises, sold 130 acres thereof to Timothy Thompson, who entered and made improvements upon that part of his purchase lying north of the stream called William's river; the part on the south side, and being the 100 acres now sued for, remaining…
2Cited by2 opinions
- Miller v. LarsonWisconsin Supreme Court · 1864
- Ripley v. YaleSupreme Court of Vermont · 1846