Pitkin v. Burch
Supreme Court of Vermont
Forcible Entry and'Detainer brought before a justice of the peace, founded on ss. 22, 23, c. 46, Gen. Sts. The premises in question were conveyed to plaintiff by one Rand, to whom defendant and his wife had conveyed their equity of redemption therein, and one Brockway had conveyed his interest in a decree of foreclosure by him obtained on a mortgage thereof executed to him by defendant.
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Forcible Entry and'Detainer brought before a justice of the peace, founded on ss. 22, 23, c. 46, Gen. Sts. The premises in question were conveyed to plaintiff by one Rand, to whom defendant and his wife had conveyed their equity of redemption therein, and one Brockway had conveyed his interest in a decree of foreclosure by him obtained on a mortgage thereof executed to him by defendant. Plaintiff gave testimony that on the day Rand conveyed to him, he informed defendant thereof, and requested him to surrender possession of the premises, and that defendant promised to do so in the course of a…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The right of the plaintiff to maintain this suit, depends upon whether the facts bring it within the language and spirit of the statute. The particular remedy attempted to be used is given by statute. The language of s. 22, c. 46, of the Gen. Sts., only gives this remedy against one who holds possession of the premises after his right to do so under a lease, written or parol, has terminated. It in terms applies to no other holding of premises. It is a summary remedy, and allows the landlord very speedily and summarily to repossess himself of…
2Cases cited1 opinion
- Davis v. HemenwaySupreme Court of Vermont · 1855
3Cited by6 opinions
- Mead v. OwenSupreme Court of Vermont · 1907
- Foss v. StantonSupreme Court of Vermont · 1904
- Mack v. DaileySupreme Court of Vermont · 1893
- Crawford v. JerrySupreme Court of Vermont · 1940
- Wheeler v. WheelerSupreme Court of Vermont · 1905
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