Labaree v. Wood
Supreme Court of Vermont
Ejectment. Heard on the report of a referee, December Term, 1881, Taft, J., presiding. Judgment for the plaintiff for the possession of the premises.
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Ejectment. Heard on the report of a referee, December Term, 1881, Taft, J., presiding. Judgment for the plaintiff for the possession of the premises. The case appears in the opinion. cited on the homestead question, 50 Vt. 219; Whiteman v. Field, 53 Yt. 554; and as to whether the wife was a witness, Carpenter v. Moore, 43 Vt. 392 ; 29 Yt. 206. cited on the homestead question, Oroodall v. Boardman, 53 Yt. 92, 101; 39 N. H. 478 ; 28 Vt. 672 ; 30 Yt. 183; 46 Yt. 292 ; 51 N. H. 448; 36 Yt. 254 ; 43 Vt. 138; that the wife was not a witness, Starkie Ev. 746, 786 ; IGreenl. Ev. ss. 390,394, 397 ; 1…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
It appears from the referee’s report that Albert B. Burke, the defendant’s grantor, in November or December, *4531878, owned and was occupying, with his family, as a homestead, the premises in question in Hartland; that he then moved with his family and nearly all his effects to another farm owned by him and his son, with no fixed purpose of abandoning his former homestead in the first-mentioned premises, but with an unsettled purpose to make his home upon the premises owned by himself and son if he found it agreeable to do so, otherwise, to…
2Cases cited2 opinions
- Pitkin v. LeavittSupreme Court of Vermont · 1841
- Goodall v. BoardmanSupreme Court of Vermont · 1880
3Cited by4 opinions
- Western Nat. Life Ins. v. Williamson-Halsell-Frasier Co.Supreme Court of Oklahoma · 1913
- McEwen v. B. P. Shannon & Co.Supreme Court of Vermont · 1892
- Banister v. OvittSupreme Court of Vermont · 1892
- Miller v. StebbinsSupreme Court of Vermont · 1905