Legal Opinion

Wood v. Beach

Supreme Court of Vermont

Decided December 15, 1834PublishedCited by 6 opinions

This was an action of ejectment. Plea, not guilty. On the-trial the plaintiff proved that Samuel Calhoun, Jr. was the owner of the premises in- question on- the 28th day of February,- A. J>. 1832. The plaintiff then gave in evidence two writs of attachment, judgments, executions, with the officer’s return thereon, levying and extending the same on the premises in question in the plaintiff’s favor against said Samuel Calhoun, Jr., which were admitted without objection.

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This was an action of ejectment. Plea, not guilty. On the-trial the plaintiff proved that Samuel Calhoun, Jr. was the owner of the premises in- question on- the 28th day of February,- A. J>. 1832. The plaintiff then gave in evidence two writs of attachment, judgments, executions, with the officer’s return thereon, levying and extending the same on the premises in question in the plaintiff’s favor against said Samuel Calhoun, Jr., which were admitted without objection. The- defendants then offered in evidence a- deed from Samuel Calhoun, Jr. to said Beach and Farnsworth, conveying the…

1Opinion of the Court

The opinion of the court was delivered by

Mattocks, J.

The questions wich arise in this case are—

1. Whether the deed from Samuel Calhoun, Jr. to Beach and Farnsworth was invalid for want of a consideration expressed therein ; and

2. Whether parol proof was properly admitted to prove that the deed was in fact given for a valuable consideration.

That part of the deed in question is as follows: — “For and in consideration of dollars, current money of the United States, received to my full satisfaction of,” &c. If the proper reading of this passage is — in consideration of dollars, current money, &c.…

2Cited by6 opinions

  1. Catlin Coal Co. v. LloydIllinois Supreme Court · 1899
  2. Frink v. GreenNew York Supreme Court · 1849
  3. Keyes v. Bump's Adm'rSupreme Court of Vermont · 1887
  4. Wheeler v. CampbellSupreme Court of Vermont · 1895
  5. Blanchard v. MoreySupreme Court of Vermont · 1883

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