Beardsley v. Knight
Supreme Court of Vermont
'The orator alleged in his bill, that on the 8th July, 1807, lie received from John Knight and Elijah Hyde a deed, in consideration of $100, of one equal undivided half of the Gordon farm, so called, that is, of the lots drawn to the original rights of Thomas Tolman, Samuel Herrick, and John Wood, and entered into possession of the premises conveyed by said deed ; that on the 3d March, 1808, said Knight and Hyde, in consideration of $ 1800, by warranty deed, conveyed one…
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'The orator alleged in his bill, that on the 8th July, 1807, lie received from John Knight and Elijah Hyde a deed, in consideration of $100, of one equal undivided half of the Gordon farm, so called, that is, of the lots drawn to the original rights of Thomas Tolman, Samuel Herrick, and John Wood, and entered into possession of the premises conveyed by said deed ; that on the 3d March, 1808, said Knight and Hyde, in consideration of $ 1800, by warranty deed, conveyed one equal undivided half of said farm to Ebenezer Hatch, and that Hatch entered, under said deed to him, into p0ssessi0n 0f the…
1Opinion of the Court
After argument, the opinion of the Court was delivered by
Redeield, Chancellor.
In this case, the claim, directly against the estate of Hatch, is founded on the reserved right Of each to avoid the partition on the failure of title to any portion of the estate divided. We see no sufficient reason to adopt the orator’s view of this part of the case. In the Old law of exchange, something similar to the right here *189claimed did exist. But that species of conveyance, resulting from the feudal tenures, never existed in this state, and never applied to a case like the present. And it is believed, that…
2Cited by22 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Lee v. PercivalSupreme Court of Iowa · 1892
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
- Butler v. BarnesSupreme Court of Connecticut · 1891
- Fife v. CateSupreme Court of Vermont · 1912
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