Brownson v. Hull
Supreme Court of Vermont
Ejectment for seventy three acres of land in Tinmouth. Plea, the general issue, and trial by jury. The plaintiff claimed title by virtue of a deed of the premises, executed by Nathaniel Chipman, April 27, 1804, to herself and her then husband, John W. Brownson, and showed that her said husband died Nov. 20, 1824. To show that the defendants claimed under the same title with the plaintiff, she gave in evidence the levy of an execution in favor of James & Porter against her…
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Ejectment for seventy three acres of land in Tinmouth. Plea, the general issue, and trial by jury. The plaintiff claimed title by virtue of a deed of the premises, executed by Nathaniel Chipman, April 27, 1804, to herself and her then husband, John W. Brownson, and showed that her said husband died Nov. 20, 1824. To show that the defendants claimed under the same title with the plaintiff, she gave in evidence the levy of an execution in favor of James & Porter against her said husband, made March 4,1807, upon the same premises as the property of her said husband, and a chain of conveyances…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The extent of the plaintiff’s right depends on the nature of her estate, acquired under the deed to herself and husband. If she took but the estate of a tenant in common with her husband, she has recovered to the extent of her right. But if she took the *312estate of a joint tenant with him, or an estate to which the jus'accrescendi was incident, she is now entitled to the whole by surviv» orship.
There appears to be no doubt, that, by the common law, a conveyance to husband and wife vests in them a peculiar estate, not corresponding with a tenancy…
2Cases cited4 opinions
- Stevens v. StevensNew York Supreme Court · 1819
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
- Sutliff v. ForgeyNew York Supreme Court · 1823
3Cited by15 opinions
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Town of Corinth v. EmerySupreme Court of Vermont · 1891
- Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
- Baker v. StewartSupreme Court of Kansas · 1888
- Hemingway v. ScalesMississippi Supreme Court · 1868
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