Sumner v. Beebe
Supreme Court of Vermont
Ejectment for a tract of land in Rutland. The case was tried by the court, Kellogg, J., presiding, at the September Term, 1864, under the plea of the general issue. Judgment was rendered for the plaintiff to recover the seizin and peaceable possession of the land. A hearing was then had to determine what sum was equitably due the plaintiff for the breaches of the bond and mortgage in question.
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Ejectment for a tract of land in Rutland. The case was tried by the court, Kellogg, J., presiding, at the September Term, 1864, under the plea of the general issue. Judgment was rendered for the plaintiff to recover the seizin and peaceable possession of the land. A hearing was then had to determine what sum was equitably due the plaintiff for the breaches of the bond and mortgage in question. The plaintiff claimed and the court decided that interest should be computed and allowed from and after the time of the decease of one Mary Ford, up to the time of the hearing, on the sum of one hundred…
1Opinion of the Court
Poland, Ch. J.
The plaintiff’s intestate became the owner of the land by devise, but charged, among other things, with the payment of one hundred dollars each, to his brothers and sisters, living, on the decease of his aunt, Mary Ford. In 1837, the intestate conveyed the land to Adonijah Ford, who executed to the intestate a bond that on the decease of Mary Ford, he would pay these legacies of one hundred dollars each to the said legatees, being five in number, if then living, and if either of said legatees died before the said Mary, then to pay the amount of the share of such deceased legatee…
2Cited by3 opinions
- Yearteau v. Bacon's EstateSupreme Court of Vermont · 1892
- Baker v. Central Vermont R. R.Supreme Court of Vermont · 1883
- Gage v. McSweeneySupreme Court of Vermont · 1902