Abbott v. Pratt
Supreme Court of Vermont
Ejectment, to recover possession of lot No. 6 in Harris’ Gore. Plea, the general issue, and trial by jury. On trial',, the plaintiff,, among other evidence, offered the will, and probate thereof, of Roswell Waters, and other probate proceedings on his estate.
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Ejectment, to recover possession of lot No. 6 in Harris’ Gore. Plea, the general issue, and trial by jury. On trial',, the plaintiff,, among other evidence, offered the will, and probate thereof, of Roswell Waters, and other probate proceedings on his estate. The will was proved before the probate court, April 23,1834, and was recorded, with the probate thereof, in the county clerk’s office for the county of Caledonia, June 8, 1842, which was-subsequent to the commencement of this action, but prior to the trial thereof! To this testimony the defendant objected, because it did not appear that…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Several questions were reserved on the trial in the county court, which are not now relied upon, and such will be passed over without notice.
It is now insisted that the county court erred in permitting the records of the probate court to go to the jury. The statute, (Slade’s Ed., p. 351, § 86,) provides, that all wills devising real estate, assignments of dower, &c., or certified copies of them, shall be recorded in the town clerk’s office in the town where said lands are situated; and, by another provision, if the lands are situated in an…
2Cases cited2 opinions
- Hubbard v. RicartSupreme Court of Vermont · 1831
- Harrington v. GageSupreme Court of Vermont · 1834
3Cited by2 opinions
- Newman v. WatermanWisconsin Supreme Court · 1885
- Coolidge v. TaylorSupreme Court of Vermont · 1911