Swerdferger v. Hopkins
Supreme Court of Vermont
Trespass quare clausum. Plea, the general issue. Trial by jury at the June term, 1891, Caledonia county, Munson, J., presiding. Verdict and judgment for the plaintiffs. The defendant excepts. The plaintiffs were husband and wife. The deeds introduced by them showed the title in the wife.
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Trespass quare clausum. Plea, the general issue. Trial by jury at the June term, 1891, Caledonia county, Munson, J., presiding. Verdict and judgment for the plaintiffs. The defendant excepts. The plaintiffs were husband and wife. The deeds introduced by them showed the title in the wife. When the deed from her immediate grantor to the plaintiff wife was offered in evidence the defendant objected to its admission on the ■gfound of a variance, and excepted to the action of the court in admitting it. At the close of the plaintiffs’ testimony the defendant moved the court to direct a verdict in…
1Opinion of the CourtTaft, J.
I. The premises are described in the declaration as the lot deeded to the plaintiffs. The plaintiffs offered in evidence a deed from one Perley to the feme plaintiff; objection being made upon the ground of variance between the contract described in the declaration and the one offered in evidence, the court granted leave to amend the declaration, so as to describe the lot as the one deeded *144to the feme plaintiff. This amendment did not change the parties nor the nature or cause of action. The court, therefore, had the legal right to permit the amendment to be made, and if the court had power…
2Cases cited5 opinions
- Bowman v. StowellSupreme Court of Vermont · 1849
- Kimball v. LaddSupreme Court of Vermont · 1870
- Davis v. JudgeSupreme Court of Vermont · 1872
- Smith v. FitzgeraldSupreme Court of Vermont · 1887
- Bates v. CilleySupreme Court of Vermont · 1874
3Cited by9 opinions
- D'Orazio Et Ux. v. PashbySupreme Court of Vermont · 1930
- Merrihew's Admr. v. GoodspeedSupreme Court of Vermont · 1929
- J. H. Silsby & Co. v. KinsleySupreme Court of Vermont · 1915
- In re Estate of ClogstonSupreme Court of Vermont · 1919
- Mears v. DanielsSupreme Court of Vermont · 1911
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