Clark v. Clark
Supreme Court of Vermont
This was an action of ejectment for lands in Clarendon. The plaintiff offered evidence tending to show a title in the plain-” tiff, and that the defendant was in possession.
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This was an action of ejectment for lands in Clarendon. The plaintiff offered evidence tending to show a title in the plain-” tiff, and that the defendant was in possession. The defendant then offered a deed from plaintiff to him, of certain land in Clarendon, dated 1st May, 1807, accompanied with evidence tending to show a possession in himself of the north half of the Kenny farm and the land east of the same, together with the second piece of land described in said declaration, lying north-east of the north half of said Kenny farm, accompanied with evidence tending to prove that the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In this case, several'questions arose dn the jury trial. There was also a motion in arrest, which was overruled. The ground of this motion is, that the premises in the plaintiff’s declaration are so described, that it cannot now be ascertained for what the recovery was had. We have not examined particularly the questions which arose on the jury trial, as we are decidedly of opinion, that the motion in arrest should have prevailed'. The action of ejectment in England, is solely a possessory action, and determines nothing more than thfe'…
2Cited by1 opinion
- Davis v. JudgeSupreme Court of Vermont · 1872