Johnson v. Burden
Supreme Court of Vermont
Ejectment t.o recover possession of a piece of land in Glastenbury. Plea, the general issue, and trial by jury, December Term, 1867, Próut, J., presiding. The plaintiff to show title in himself, introduced in evidence several deeds, certified copies of deeds, and other evidence, tracing his title from Benjamin Whipple, an original proprietor, down through successive grantees, to one Eliab Stone.
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Ejectment t.o recover possession of a piece of land in Glastenbury. Plea, the general issue, and trial by jury, December Term, 1867, Próut, J., presiding. The plaintiff to show title in himself, introduced in evidence several deeds, certified copies of deeds, and other evidence, tracing his title from Benjamin Whipple, an original proprietor, down through successive grantees, to one Eliab Stone. It also appeared in evidence, that Eliab Stone, in the spring of I860, died intestate, (he then being the owner of the land in dispute, as claimed by the plaintiff,) leaving eight children then…
1Opinion of the Court
-The opinion of the court was delivered by
Steele, J.
The deed through which the plaintiff claimed to have acquired the title of-James Stone and Arvilla Perkins was filed for record in the town clerk’s office, December 5th. 1866. The deed *571under which the defendants claimed the same title from the same parties was filed for record December 3d, 1866. It thus appears by the certificate of the town clerk upon the deeds, and the fact is not disputed, that the defendants’ deed was filed for record two days earlier than the plaintiff’s, and the defendants, if nothing further was shown, would hold the…
2Cases cited2 opinions
- Sawyer v. AdamsSupreme Court of Vermont · 1836
- Bartlett v. BoydSupreme Court of Vermont · 1861
3Cited by3 opinions
- Spaulding v. HE Fletcher CompanySupreme Court of Vermont · 1964
- Wilmot v. LathropSupreme Court of Vermont · 1895
- Blair v. Ritchie & WardenSupreme Court of Vermont · 1900