Olcott v. Dunklee
Supreme Court of Vermont
Ejectment. Plea, the general issue, and trial by the jury. The plaintiff, to support his title to the premises demanded, offered in evidence the indenture, dated Oct. 14, 1837, signed by himself and the defendant, the terms and conditions of which are fully set forth in the opinion of the court; the defendant objected to its admission, but the court overruled the objection.
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Ejectment. Plea, the general issue, and trial by the jury. The plaintiff, to support his title to the premises demanded, offered in evidence the indenture, dated Oct. 14, 1837, signed by himself and the defendant, the terms and conditions of which are fully set forth in the opinion of the court; the defendant objected to its admission, but the court overruled the objection. The plaintiff also gave.evidence tending to prove that the defendant, during the summer of 1839, failed to keep a suitable and proper horse for the use of the plaintiff, as stipulated in said indenture. This was all the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action of ejectment. A verdict and judgment were rendered for the plaintiff in the county court, and the defendant filed a motion to redeem, which was overruled. The plaintiff's title accrued from an indenture between him and the defendant, dated October. 14, 1837, and it becomes necessary for us to decide what estate, or right, each of the parties had by virtue of that indenture, since the estate, rights and duties of both were derived from it. It is our duty to give such a construction to it, as will give effect to the…
2Cases cited2 opinions
- Austin v. AustinSupreme Court of Vermont · 1837
- Miller v. HambletSupreme Court of Vermont · 1839
3Cited by5 opinions
- Dunklee v. AdamsSupreme Court of Vermont · 1848
- Adkins v. AdkinsCourt of Appeals of Kentucky · 1916
- Adams v. DunkleeSupreme Court of Vermont · 1847
- Jacobs v. JewettSupreme Court of Vermont · 1960
- Tracy v. HutchinsSupreme Court of Vermont · 1863