Chamberlin v. Donahue
Supreme Court of Vermont
Ejeotment to recover possession of certain premises in Peacham. The plaintiff alleged in her declaration, that on the 15th day of May, 1864, she was well seized of the premises described, in her own right in fee, and so continued thereof possessed until the 17th day of May, 1864, when the defendant, without law or right, and contrary to the will of the plaintiff, entered, and expelled the plaintiff, and that he ever since had képt out, and still did keep out, the plaintiff,…
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Ejeotment to recover possession of certain premises in Peacham. The plaintiff alleged in her declaration, that on the 15th day of May, 1864, she was well seized of the premises described, in her own right in fee, and so continued thereof possessed until the 17th day of May, 1864, when the defendant, without law or right, and contrary to the will of the plaintiff, entered, and expelled the plaintiff, and that he ever since had képt out, and still did keep out, the plaintiff, etc. Plea, the general issue. Trial by the court, December term, 1867, Steele, J., presiding. The plaintiff was the…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
To maintain this action, it must appear that there has been a disseizin of the plaintiff, as well as a wrongful possession of the premises described in the declaration, by the defendant.. This is as essential as proof of the plaintiff’s right of possession. In this case the possession of the defendant seems to have been by the plaintiff’s permission and with her acquiescence. She went and lived with the defendant and her daughter on the place, making no objection to his occupying it. Under such circumstances,, and in view of the fact that the…
2Cases cited1 opinion
- Campbell v. BatemanSupreme Court of Vermont · 1827
3Cited by4 opinions
- Lynch v. Town of RutlandSupreme Court of Vermont · 1894
- Murphy v. BolgerSupreme Court of Vermont · 1888
- Polson v. ParsonsSupreme Court of Oklahoma · 1909
- Dwight v. EastmanSupreme Court of Vermont · 1890