Holbrook, Carter & Co. v. Murray
Supreme Court of Vermont
Ejectment for land in Brookfield. Plea, the general issue, and trial by jury, June Term, 1847, — Hall, J., presiding. On trial the plaintiffs claimed title to the premises in question by virtue of the levy of two executions in their favor against Robert Murray, and gave evidence tending to prove, that the defendants were in possession of the premises at the commencement of thiq suit.
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Ejectment for land in Brookfield. Plea, the general issue, and trial by jury, June Term, 1847, — Hall, J., presiding. On trial the plaintiffs claimed title to the premises in question by virtue of the levy of two executions in their favor against Robert Murray, and gave evidence tending to prove, that the defendants were in possession of the premises at the commencement of thiq suit. The defendants gave evidence tending to prove, that Robert Murray was not in possession of the premises, and that Orrin Murray was in the possession as the hired man of Ephraim Riford, and they gave in evidence a…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
It is not important to inquire, whether the declara» tions made by Orrin Murray to persons in his employment upon the farm, and others, while he was in the occupation thereof, to the effect, that he was merely acting as the servant of Riford, without any title or interest in himself, were properly admitted; since the main controversy, involving the validity of the notes and mortgage from Robert Murray to Riford, has been determined, so far as the trial below is concerned, in favor of the defendants-. The declarations in question contributed…
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