Ackley v. Buck
Supreme Court of Vermont
Ejectment for about six and a half acres of land in Reading. Plea, the general issue, and trial by jury, — Hebard, J., presiding. The plaintiff and defendant both claimed title to the land in question from Benoni Buck, deceased, the defendant as being one of the heirs of Benoni Buck, and the plaintiff through John L. Buck, who was also one of the heirs.
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Ejectment for about six and a half acres of land in Reading. Plea, the general issue, and trial by jury, — Hebard, J., presiding. The plaintiff and defendant both claimed title to the land in question from Benoni Buck, deceased, the defendant as being one of the heirs of Benoni Buck, and the plaintiff through John L. Buck, who was also one of the heirs. On trial the plaintiff offered as a witness Benoni Buck, who was also one of the heirs of Benoni Buck, deceased, and who was objected to by the defendant on the ground of interest. It appeared, that a tract of land, supposed to contain one…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is not easy to perceive that the witness, Benoni Buck, had .any interest in the suit. It is not uncommon to deliver a release to a witness, when there is doubt in regard to his interest; and that .was done in this case. But it is not stated in what manner this witness and the heirs, under whom the plaintiff claims, divided their land. If it was done by quitclaim deed, each must risk his title to his own share. If it was done by parol, it is not shown by the case, that the plaintiff would not still have a full moiety, if he failed in this…
2Cited by3 opinions
- Amey v. HallSupreme Court of Vermont · 1962
- Clark v. TaborSupreme Court of Vermont · 1856
- Soulia v. StrattonSupreme Court of Vermont · 1926