Lindsay v. Lindsay
Supreme Court of Vermont
This was an action of ejectment for a lot of land in the town of Barnet. Plea, general issue, aud trial by jury. Upon the trial in the county court, it was admitted, that the title of the land in dispute was in Andrew Lindsay, previous to the 9th of January, 1838, and that the defendant was in possession of it at the commencement of this suit.
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This was an action of ejectment for a lot of land in the town of Barnet. Plea, general issue, aud trial by jury. Upon the trial in the county court, it was admitted, that the title of the land in dispute was in Andrew Lindsay, previous to the 9th of January, 1838, and that the defendant was in possession of it at the commencement of this suit. The plaintiffs title to the land depended altogether upon the validity of a deed executed, or claimed to have been executed, by the said Andrew, (who was the plaintiffs father and defendant’s husband,) on the 11th day of January, 1838, a few days before…
1Opinion of the Court
The ópipion of the court was delivered by
Collamer, J.
It may be proper for a court to instruct a jury to find for a plaintiff if the evidence is believed, when there is no conflict of evidence and it directly proves the fact in issue, or when that fact is a necessary and -invariable inference of law, from what is proved. But, if there be any conflict in the evidence, or if it only shows facts from which the main fact is to be presumed or inferred by the jury, the case should be left to the jury, under proper legal instructions.
The delivery of a deed, either as an escrow or absolutely, is an…
2Cited by12 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
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- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
- Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887
- Emmons v. HardingIndiana Supreme Court · 1904
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