Legal Opinion

BENNETT v. CAMP

Supreme Court of Vermont

Decided February 15, 1882PublishedCited by 10 opinions

Heard at the December Term, 1881. Veazey, Chancellor, proforma, sustained the motion of the defendants to strike out certain portions of the orator’s testimony ; and dismissed the bill.

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Heard at the December Term, 1881. Veazey, Chancellor, proforma, sustained the motion of the defendants to strike out certain portions of the orator’s testimony ; and dismissed the bill. The case appears in the opinion. cited 50 Vt. 1; 35 Yt. 208 ; 47 Vt. 368; 17 Yt. 455; 45 Yt. 137. Declarations of a party in possession of land are competent as against those claiming the land under him, but only to show the character of his possession and by what title he holds, but not to sustain or to destroy record title. Jackson v. MeVey, 15 Johns. 234; Jackson v. Miller, 6 Cow. 751; Pitt v. Wilder, 1 N.…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

From the evidence and concessions, it appears, that

in May, 1849, Jonathan Pratt, the then owner of the premises in controversy, leased them for one thousand years to the defendant, Elijah Greenslit, at an annual rental of $12, covenanting in the lease to convey the reversion for $200 ; that in 1852, after moving a house upon the premises and fitting it up, Elijah Greenslit, by an assignment absolute on its face, but really to secure the payment of $300, transferred the lease to the defendant, William *38Camp, his son-in-law; that the lease and…

2Cases cited1 opinion

  1. Bent v. BentSupreme Court of Vermont · 1872

3Cited by10 opinions

  1. Hubbard v. CheneySupreme Court of Kansas · 1907
  2. Howard v. TwibellIndiana Supreme Court · 1913
  3. Walston v. SmithSupreme Court of Vermont · 1896
  4. Brock v. KirkpatrickSupreme Court of South Carolina · 1905
  5. Miller v. HannaNebraska Supreme Court · 1911

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