Hyde v. Barney
Supreme Court of Vermont
Ejectment for the recovery of certain premises in Castleton. Trial by the Court. The possession of the premises by the defendant, at the time of the service of the writ in this action, was conceded.
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Ejectment for the recovery of certain premises in Castleton. Trial by the Court. The possession of the premises by the defendant, at the time of the service of the writ in this action, was conceded. It appeared that the defendant was the widow and administratrix of Thomas Barney, who died seized in fee of the premises in question; that Evaline Barney, now Evaline Towner, who was married to Jamés S. Towner, and by whom she had issue bom alive, was the daughter and one of the heirs of said Thomas Barney. The plaintiff claimed title by virtue of an attachment and levy of execution upon the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The questions which are involved in this case have been mostly decided, either in this or the neighboring *283states. A ne(w investigation, or a re-examination, of the cases which have been decided, is not called for. The decisions in the New England States, on the subject of the levy of executions on real estate, and the rights and interests of heirs, are entitled to a respectful consideration, inasmuch as our institutions are similar to theirs, and our laws, particularly on these subjects, are in many instances nearly copied from theirs.
Th…
2Cases cited3 opinions
- Griswold v. PennimanSupreme Court of Connecticut · 1818
- Boylston v. CarverMassachusetts Supreme Judicial Court · 1814
- Mattocks v. StearnsSupreme Court of Vermont · 1837
3Cited by9 opinions
- Laird v. PerrySupreme Court of Vermont · 1902
- Brett v. FielderSupreme Court of Oklahoma · 1928
- Austin v. BaileySupreme Court of Vermont · 1864
- Thomas v. Morristown State BankSouth Dakota Supreme Court · 1928
- Spencer v. Lyman Falls Power Co.Supreme Court of Vermont · 1938
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