Greeno v. Munson
Supreme Court of Vermont
This was an action of ejectment for lands, tried on the general issue, before a jury. The land was described as lot No. 4, in the township of Colchester. The plaintiff claimed to recover fifty two and a half acres off of the east end of the lot.
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This was an action of ejectment for lands, tried on the general issue, before a jury. The land was described as lot No. 4, in the township of Colchester. The plaintiff claimed to recover fifty two and a half acres off of the east end of the lot. It appeared in evidence, that more than thirty years since, one Benjamin Boardman was in possession of the land in question, under deed, by the name of the Winslow Pitch, and, that at that time, plaintiffs father, Thomas Greeno, went into possession of the same, under contract of sale of said Boardman’s title to him. That afterwards, in 1804, said…
1Opinion of the CourtRedfield, J.
The case finds that Boardman went into possession of the land under deed. This possession would then extend to the whole land. When plaintiff’s father went into possession under Boardman, his possession would be that of Boardman, and it would remain the possession of Boardman until Thomas Greeno received his deed of the thirty-two acres, unless he did some act to repudiate his tenancy, and thereby become a trespasser, And after the deed to himself of thirty-two acres, if he continued in possession of the remaining portion of the pitch, it would be in subordination to the title of Boardman.
The…
2Cases cited1 opinion
- Tuttle v. ReynoldsSupreme Court of Vermont · 1828
3Cited by22 opinions
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- Zimmerman v. MarchlandIndiana Supreme Court · 1864
- Hannan v. McNickleCalifornia Supreme Court · 1889
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