Administrators of Tryon v. Tryon
Supreme Court of Vermont
Ejectment. Plea, the general issue, and trial by the court.’ The plaintiffs showed title in themselves to the demanded premises, by virtue of a levy of an execution, in their favor as administrators of Jesse Tryon, upon the premises. The execution was issued on a judgment rendered on a claim due to said Jesse Tryon in his life time.
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Ejectment. Plea, the general issue, and trial by the court.’ The plaintiffs showed title in themselves to the demanded premises, by virtue of a levy of an execution, in their favor as administrators of Jesse Tryon, upon the premises. The execution was issued on a judgment rendered on a claim due to said Jesse Tryon in his life time. The levy was made Nov. 6, 1840, and the writ in this case was made returnable to Rutland county court September term, 1841. The possession by the defendants of the premises was also proved. The defendants gave in evidence copies of records of the probate court,…
1Opinion of the Court
The opinion of the court was delivered by
Hebaiib, J.
The plaintiff at the trial, as well as at the commencement of his action, in an action of ejectment, must have title to the land, or he cannot recover.
In this case, had the plaintiff, at the time of the trial in the county court, a right to the possession of the demanded premises 1 This must depend upon the validity of the proceedings of the probate court.
The probate court, though a court of limited jurisdiction, is a court of record, and its doings, unappealed from, when within its jurisdiction, are as conclusive as those of other courts.…
2Cases cited2 opinions
- Burton v. AustinSupreme Court of Vermont · 1832
- Stone v. GriffinSupreme Court of Vermont · 1831
3Cited by4 opinions
- In re Estate of WoolleySupreme Court of Vermont · 1922
- Sitzman v. PacquetteWisconsin Supreme Court · 1860
- Cheney v. CheneySupreme Court of Vermont · 1854
- Farwell v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930