Hagar v. Brainerd
Supreme Court of Vermont
Tbespass, qu. el. fr., and case, for the same cause of action. There were two counts in trespass, charging that the defendants, on different dates, broke and entered the plaintiff’s close, and took away a dwelling-house and one hundred loads of stone, and continued to occupy said close, and one count in case, alleging that the plaintiff, on the 20th of February, 1866, was the owner and holder of a certain mortgage deed, executed by one Mary Ann Turner of the same close,…
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Tbespass, qu. el. fr., and case, for the same cause of action. There were two counts in trespass, charging that the defendants, on different dates, broke and entered the plaintiff’s close, and took away a dwelling-house and one hundred loads of stone, and continued to occupy said close, and one count in case, alleging that the plaintiff, on the 20th of February, 1866, was the owner and holder of a certain mortgage deed, executed by one Mary Ann Turner of the same close, described in the above counts; that the plaintiff, on the 20th day of March, 1866, commenced a suit to foreclose said…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The defendant’s first exception is to the admission in evidence of the plaintiff’s mortgage deed of the premises from Mary Ann Turner, and the foreclosure of the same. They insist that the dwelling-house and underpinning stones sued for were but the chattels of Mary Ann Turner, on the land, and not capable of being conveyed by mortgage; that there were conditions in the lease, which for the last three years was in parol, or a parol extension of a written lease, which rendered her a tenant at sufferance of Mr. Seymour ; and that, as Mr.…
2Cases cited4 opinions
- Langdon v. PaulSupreme Court of Vermont · 1850
- Lull v. MatthewsSupreme Court of Vermont · 1847
- Morey v. McGuireSupreme Court of Vermont · 1832
- Keyes v. PrescottSupreme Court of Vermont · 1859
3Cited by8 opinions
- W. H. Hobbs & Son v. Grand Trunk Railway Co.Supreme Court of Vermont · 1919
- Adams v. St. Johnsbury & Lake Champlain R. R.Supreme Court of Vermont · 1884
- Gavin v. JohnsonSupreme Court of Connecticut · 1945
- Gafford Lumber & Grain Co. v. EavesSupreme Court of Kansas · 1923
- Kimball v. SattleySupreme Court of Vermont · 1883
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