Spencer v. Austin
Supreme Court of Vermont
Bill in Chancert. The orators, George Spencer, administrator of the estate of Gideon Spencer, Marshall S. Spencer, Louisa S. Russell, wife of Spencer Russell, and George Field allege that on the 15th of July, 1830, Gideon Spencer then in life, and Stephen Spencer, being seized and the owners in fee of certain real estate and property situated in Vergennes, by deed of indenture demised, leased and let to John D. Ward, so long as wood should grow and water run, said property;…
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Bill in Chancert. The orators, George Spencer, administrator of the estate of Gideon Spencer, Marshall S. Spencer, Louisa S. Russell, wife of Spencer Russell, and George Field allege that on the 15th of July, 1830, Gideon Spencer then in life, and Stephen Spencer, being seized and the owners in fee of certain real estate and property situated in Vergennes, by deed of indenture demised, leased and let to John D. Ward, so long as wood should grow and water run, said property; and also assigned to said Ward certain rents issuing out of and chargeable upon certain other lands, — all described and…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The orators seek to charge the whole land with the payment of the rent due to them as the assignees and representatives of Gideon Spencer, and whether they are entitled to the relief sought for depends upon the original rights of Gideon and Stephen Spencer as tenants in common pf the land sought to be charged, and upon the legal effect of the several conveyances under which these parties respectively claim title to the premises. Gideon and Stephen Spencer were, at the date of the lease to Ward, tenants in common of the land conveyed. ‘‘The…
2Cases cited1 opinion
- Walker, Smith & Co. v. BaxterSupreme Court of Vermont · 1854
3Cited by2 opinions
- Schick v. Davenport Realty Co.Supreme Court of Iowa · 1925
- State v. KleinSupreme Court of New Jersey · 1893