Reed v. Shepley
Supreme Court of Vermont
This was ejectment for the whole of Lot No. 16, Range 6, and the east half of Lot No. 16, in Range 7, in Lowell. Sei-sin and ouster, Oct. 29th, 1832. The plaintiff gave in evidence, without objection, his letter of administration, granted by the court of probate for the district of Orleans, October 27th, 1832. He also read in evidence the following conveyances, which were duly acknowledged and recorded, viz: a deed from said Andrew Craigin to Ebenezer Rust, dated November…
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This was ejectment for the whole of Lot No. 16, Range 6, and the east half of Lot No. 16, in Range 7, in Lowell. Sei-sin and ouster, Oct. 29th, 1832. The plaintiff gave in evidence, without objection, his letter of administration, granted by the court of probate for the district of Orleans, October 27th, 1832. He also read in evidence the following conveyances, which were duly acknowledged and recorded, viz: a deed from said Andrew Craigin to Ebenezer Rust, dated November 26th, 1818, of Lot No. 16 in Range 6, and a mortgage of the same lot from said Ebenezer Rust to said Craigin, dated…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— Mortgagors are estopped to deny the title they have created in the mortgagee. When any part of the purchase money is due, the mortgagor becomes, sub modo, tenant at will to the mortgagee, and as tenant, is not permitted to deny his landlord’s title. When Ebenezer died, his estate, under our statute, passed by-descent to his father, John, who took possession. This possession had no character adverse to Craigin. A possession always enures to the legal right of the possessor, and so Craigin could not have treated John as a wrong doer. John…
2Cited by15 opinions
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- Vada Naval Stores Co. v. SappSupreme Court of Georgia · 1919
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