Smalley v. Clark
Supreme Court of Vermont
Appear from the court of chancery. It appeared, that John Nason, August 20, 1833, being the owner of certain land in St. Albans, subject to the payment of an annual rent to one Jotham Bush, conveyed the same, by deed, to Jonathan M. Blaisdell and received from Blaisdell a bond of defeasance, conditioned for a re-conveyance of the land upon payment of the sum of $375,00, with interest, on or before April 1, 1S34 ; and Nason having neglected to make the payment at the day…
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Appear from the court of chancery. It appeared, that John Nason, August 20, 1833, being the owner of certain land in St. Albans, subject to the payment of an annual rent to one Jotham Bush, conveyed the same, by deed, to Jonathan M. Blaisdell and received from Blaisdell a bond of defeasance, conditioned for a re-conveyance of the land upon payment of the sum of $375,00, with interest, on or before April 1, 1S34 ; and Nason having neglected to make the payment at the day specified, Blaisdell then took possession of the land, and claimed to own it in his own right, free from all equity of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It seems, that Phelps Smith, one of the defendants in this bill, claimed title to certain real estate, situate in St. Albans, and that his title to it became embarrassed. The plaintiffs were employed by Smith to institute proceedings to remove the cloud, that was resting upon his title, and at the January Term of the supreme court, 1845, a decree in chancery was obtained in behalf of Smith against one Blaisdell, who was in possession, claiming title, that, upon Smith’s paying to Blaisdell a given sum of money, on or before a given day, he…
2Cases cited2 opinions
- Manly v. SlasonSupreme Court of Vermont · 1849
- Heartt v. ChipmanSupreme Court of Vermont · 1827
3Cited by11 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Ashman v. SchecterCourt of Appeals of Maryland · 2001
- Humphrey v. BrowningIllinois Supreme Court · 1868
- Keehn v. KeehnSupreme Court of Iowa · 1902
- Hale v. TysonSupreme Court of Alabama · 1918
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