Jewett, Tibbett & Co. v. Brock
Supreme Court of Vermont
Ejectment. The only question considered by the supreme ■court in this case concerned the construction of a certain mortgage made December 30, 1850, by Samuel Eastman to Samuel A. and Thomas L, Tucker, of a piece of land in Newbury, and the buildings thereon, then and for several years thereafter occupied by Eastman, who was a married man, as a homestead.
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Ejectment. The only question considered by the supreme ■court in this case concerned the construction of a certain mortgage made December 30, 1850, by Samuel Eastman to Samuel A. and Thomas L, Tucker, of a piece of land in Newbury, and the buildings thereon, then and for several years thereafter occupied by Eastman, who was a married man, as a homestead. The mortgage, after describing the premises conveyed, contained the following words : “ being the same land on which I live; saving always the homestead exemption in the same.” The plaintiffs’ claim to the land rested on a levy of an…
1Opinion of the Court
Bennett J.
This is an action of ejectment, and several questions have 1 een raised upon the argument; but in the view we have taken, it becomes necessary to consider only a single one. This suit is brought to recover the premises designated in the levy of the plaintiffs’ execution, as the homestead of Samuel Eastman, the judgment debtor, and both parties claim under Eastman ; and the question which lies at the threshold of this controversy is, what is the effect of the mortgage deed from Eastman to the Tuckers? It conveys by a general description of boundaries, the premises where the grantor…
2Cases cited1 opinion
- Howe v. AdamsSupreme Court of Vermont · 1856
3Cited by5 opinions
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Jerdee v. FurbushWisconsin Supreme Court · 1902
- Abell v. LothropSupreme Court of Vermont · 1875
- Gordon v. DeavittSupreme Court of Vermont · 1910