Society v. Reed
Supreme Court of Vermont
Action of ejectment for pew No. 45 (formerly No. 37,) in the meeting-house of said society in Brattleboro. Plea, the general issue. Trial by the court, April term, 1867, Barrett, J., presiding. Judgment for the defendant.
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Action of ejectment for pew No. 45 (formerly No. 37,) in the meeting-house of said society in Brattleboro. Plea, the general issue. Trial by the court, April term, 1867, Barrett, J., presiding. Judgment for the defendant. It appeared that the defendant held the pew under a deed from E. P. Sawyer, dated March 4,1850, in usual form to the habendum, which was, “ To have and to hold the same to him the said James M. Reed, his heirs and assigns forever, provided, however, if the said James M. Reed, his heirs or assigns shall neglect or refuse for the space of six months after personal notice to…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
All this court can know from the exceptions as to what the county court decided, is,, that upon the evidence and facts therein set forth the court gave judgment for the defendant. Therefore, unless as matter of law upon the face of .the exceptions the judgment should have been for the plaintiff, we must presume the judgment of the county court correct.
In order for the plaintiff to recover on the ground of forfeiture, (which is the only ground relied on,) the burden is on the plaintiff to prove every fact necessary to work a forfeiture. What is…
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