Hannah Townsend v. Downer
Supreme Court of Vermont
Ejectment for land in that part of Williston, which was formerly a part of Burlington. Plea, the general issue, and trial by the court, March Term, 1850, — Bennett, J., presiding.
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Ejectment for land in that part of Williston, which was formerly a part of Burlington. Plea, the general issue, and trial by the court, March Term, 1850, — Bennett, J., presiding. The plaintiff gave in evidence the charter of the town of Burlington, granted in 1763, in which Thomas Youngs was named as one of the grantees, and a copy of the division of land in Burlington, by which it appeared, that the land in dispute was set to the right of Thomas Youngs in the eighth division; and the division was conceded to have been a valid practical division. The plaintiff also gave in evidence the will…
1Opinion of the Court
The opinion of the court was delivered by
Redfie&d, J.
This case does not seem to have been decided, in the court below, upon the question of the sufficiency of the proof of *227the identity of the grantee, Thomas Youngs, in the charter of Burlington, and Thomas Youngs, the testator. The court seem to have ruled that point in favor of the plaintiff; and upon the state of the evidence we really do not see, how they could have held otherwise. Ordinarily, in tracing title to land, the mere identity of the names is sufficient to cast the burden of proof upon the opposite party. But here the identity is…
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