Pratt v. Holman
Supreme Court of Vermont
Ejectment. Plea, the general issue, and trial by jury. The plaintiff and the defendant James B. Holman each claimed title to the demanded premises under one Willard Edson.
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Ejectment. Plea, the general issue, and trial by jury. The plaintiff and the defendant James B. Holman each claimed title to the demanded premises under one Willard Edson. The deed from Edson? to the plaintiff was executed Nov. 19. 1841. The deed from Edson to James B. Holman, and which was given in evidence by him, was dated June 26, 1840, and was recorded in August, 1841. James B. Holman was in possession of the premises at the time of the execution of the deed from Edson to the- plaintiff. The plaintiff, with a view to defeat the operation of the last mentioned deed, introduced Edmund…
1Opinion of the Court
*532The opinion of the court was delivered by
Williams, Ch. J.
There is, in reality, no serious question in the case before us. The deed, under which the defendants claimed, was of a prior date to that by which the plaintiff made title. But the'plaintiff insists that the deed to the defendant James B. Holman was not to be delivered, except upon the performance of a condition, — that is, the payment of a small sum of money. The deed was delivered on such assurance as was satisfactory to the agent, who was authorized to deliver the same; and if the sum was not paid, the defendant is liable therefor…
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