Ellithorp v. Dewing
Supreme Court of Vermont
THIS was an action of ejectment for 12 acres of land in the , , . town of Sheldon. Ellithorp, the plaintiff, in the spring of the year 1793, purchased of S. B. Sheldon the North half of Lot No. 51, laid for a 200 acre-Lot in Sheldon, and went into possession, which possession was continued down.
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THIS was an action of ejectment for 12 acres of land in the , , . town of Sheldon. Ellithorp, the plaintiff, in the spring of the year 1793, purchased of S. B. Sheldon the North half of Lot No. 51, laid for a 200 acre-Lot in Sheldon, and went into possession, which possession was continued down. One Phelps at the same time agreed with S. B. Sheldon for the North half of the same Lot, and went into possession, and being so in possession, agreed with the plaintiff to divide the Lot with him, by a line drawn from East to West through the centre of the Lot between the North and South lines. The…
1Opinion of the Court
By the Court.
From the evidence in the casé, the plaintiff, and not the defendant and those under whom he claims, has been in possession and occupancy of the land in question, from the running of the division line in the year 1793, and although both parties derive their title by purchase from Sheldon, there is yet no, more privity between them, than there would have been had their several purchases been of different tracts in different parts of the state. In this case then, the defendant is not estopped from denying the plaintiff’s title, as in a case where the plaintiff and defendant both…
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- Hathaway v. PhelpsSupreme Court of Vermont · 1827