Beach v. Beach
Supreme Court of Vermont
Ejectment. Plea, the general issue, and trial by jury, September Term, 1846, — Bennett, J., presiding. On trial it appeared, that, after the commencement of this suit, and about the first of April, 1845, the defendants, who had been in possession of the premises until that time, executed a written lease of the premises to certain tenants for one year, and that the lessees thereupon entered into the possession and remained until about the first of October, 1845, when, during…
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Ejectment. Plea, the general issue, and trial by jury, September Term, 1846, — Bennett, J., presiding. On trial it appeared, that, after the commencement of this suit, and about the first of April, 1845, the defendants, who had been in possession of the premises until that time, executed a written lease of the premises to certain tenants for one year, and that the lessees thereupon entered into the possession and remained until about the first of October, 1845, when, during their temporary absence, and while there was no person upon the premises, the plaintiff entered into the possession and…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The principal question in the case is, whether the
plaintiff, having parted with his title in the premises during the pen-dency of the action, but acquired it again before the trial, is thereby deprived of his right of recovery ?
In Burton v. Austin, 4 Vt. 105, which was ejectment by a mortgagee, the title, during the pendency of the action, had passed to the mortgagor by a redemption of the land on a decree of foreclosure in chancery. The plaintiff having no title at the time of trial, it was clear he should not recover the land; but having had…
2Cases cited3 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Jackson ex dem. Henderson v. DavenportNew York Supreme Court · 1820
- Burton v. AustinSupreme Court of Vermont · 1832