Cox v. Ingleston
Supreme Court of Vermont
Ejectment. Plea, the general issue, and trial by the court, at the September Term, 1857,— Kittredge, J., presiding. On trial the plaintiff proved that the defendant was in possession of one acre of the land described in his declaration.
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Ejectment. Plea, the general issue, and trial by the court, at the September Term, 1857,— Kittredge, J., presiding. On trial the plaintiff proved that the defendant was in possession of one acre of the land described in his declaration. It further appeared that Lucy Goodwin owned in her own right about thirty-five acres of land in Castleton, of which the premises declared for by the plaintiff were a part, and that she died in 1826, leaving a husband, David Goodwin, and three children, George D. Goodwin, Henry Goodwin, and Emeline A. Goodwin, the last of whom married John Albright. After the…
1Opinion of the Court
*260The opinion of the court Was delivered by
Redfield, Ch. J.
In this case the plaintiff’s title depends upon the effect of the proceedings in the probate court for partition. The ancestor deceased more than thirty years ago, and the estate has been in the possession of the heirs, their grantees, and descendants during the whole time. There is no ground to claim that after this lapse of time, the administrator could recover the land of the heirs. That is expressly decided in Cushman v. Jordon, 13 Vt. 597. The term there was sixty years, but thirty years is as effectual for this purpose as sixty.…
2Cases cited2 opinions
- Collamer v. HutchinsSupreme Court of Vermont · 1855
- Cushman v. JordonSupreme Court of Vermont · 1841
3Cited by2 opinions
- Hurley v. HamiltonSupreme Court of Minnesota · 1887
- In re the Estate of DoetzAppellate Division of the Supreme Court of the State of New York · 1907