Preston v. Briggs
Supreme Court of Vermont
Trespass for entering upon the land of the plaintiff, and removing therefrom a barn. Plea, the general issue, with notice of special matter, and trial by jury.
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Trespass for entering upon the land of the plaintiff, and removing therefrom a barn. Plea, the general issue, with notice of special matter, and trial by jury. It appeared, from the testimony introduced on the part of the plaintiff, that, on the 3d of November, 1825, David Sears, who was then the owner of the locus in quo, conveyed the same by mortgage deed to one Averill, and that the law day, in said mortgage limited, expired Jan. 1, 1828; that an action of ejectment was brought in favor of said mortgagee March 13,1828, on which judgment for the possession was rendered in August, 1828, and…
1Opinion of the Court
The opinion of the court was delivered by
Redfieed, J.
The present case having been twice argued at the bar, and the defendant and his counsel having, at different times, urged the strong equity of their case, with great fairness and ingenuity, upon the court, we have been disposed to make the most of it, which the rules of law will allow. The wide range of the argument will preclude our going into the case in detail.
There are some few propositions, which we think fully settled by adjudged cases.
1. That as between vendor and vendee of the inheritance in freehold estates, all fixtures pass to…
2Cases cited2 opinions
- President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818
- Barnes v. BarnesSupreme Court of Vermont · 1834
3Cited by17 opinions
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Carlin v. RitterCourt of Appeals of Maryland · 1888
- Ray v. YoungSupreme Court of Iowa · 1913
- Cohen v. KylerSupreme Court of Missouri · 1858
- Chapin v. FreelandMassachusetts Supreme Judicial Court · 1886
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