Bush v. Whitney
Supreme Court of Vermont
THIS was an action of Ejectment for Lot No, 123 in the town of St. Albans, On trial upon the general issue, the plaintiff exhibited evidence of a title in himself to several proprietors’ rights in the town of St. Albans, but produced no evidence of a proprietary division of said town, nor did he attempt to prove that the Lot in question had been in any manner set to either of his rights, but relied on his right, as a tenant in common, to recover against the de fendant, he…
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THIS was an action of Ejectment for Lot No, 123 in the town of St. Albans, On trial upon the general issue, the plaintiff exhibited evidence of a title in himself to several proprietors’ rights in the town of St. Albans, but produced no evidence of a proprietary division of said town, nor did he attempt to prove that the Lot in question had been in any manner set to either of his rights, but relied on his right, as a tenant in common, to recover against the de fendant, he being a stranger to the proprietorship. On the part of the defendant, it appeared in evidence, that in the year 1789, Levi…
1Opinion of the Court
By the Court.
The plaintiff admits that the defendant had been in possession of the Lot more than fifteen years before the commencement of the present action, but insists that the defendant is estopped from setting up his possession as adverse to the plaintiff, *370grantee of the town, the defendant having possessed the Lot utlder the town. — And that the plaintiff, being a tenant in common in the town, is entitled to recover against the defendant, who appears to be a stranger to the title, unless he be permitted to set up his possession as adverse to the plaintiff. There can be no foundation for…
2Cited by8 opinions
- University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- White v. FullerSupreme Court of Vermont · 1865
- Capen's Administrator v. SheldonSupreme Court of Vermont · 1905
- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
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