Weeks v. Boynton
Supreme Court of Vermont
Two suits, — one an action of ejectment, the other an action of book account, — in favor of the same plaintiff against the same defendant. The ejectment suit was tried by the court under the plea of the general issue, at the June Term, Caledonia County, 1862, and judgment was rendered for the defendant.
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Two suits, — one an action of ejectment, the other an action of book account, — in favor of the same plaintiff against the same defendant. The ejectment suit was tried by the court under the plea of the general issue, at the June Term, Caledonia County, 1862, and judgment was rendered for the defendant. The book action was heard upon the report of an auditor, at the December Term, 1861, and the court rendered judgment for the defendant; Poland, Ch. J., presiding in both actions. The plaintiff excepted to the judgment rendered in both cases. The material facts in both cases are sufficiently…
1Opinion of the CourtKellogg, J.
The defendant, on the 24th March, 1856, executed to the plaintiff a mortgage deed, with a condition securing to him his support and maintenance during his natural life, and the fulfillment of other provisions for his benefit in connection with such support. This mortgage deed conveyed a farm of land which had been on the same day conveyed by the plaintiff to the defendant. The condition of defeasance contained in the mortgage deed also contained a further provision expressed in these words, viz : “Or, if I” (defendant) “shall have an opportunity to sell said farm and shall wish to do so, I…
2Cases cited2 opinions
- Henry v. TupperSupreme Court of Vermont · 1857
- Austin v. AustinSupreme Court of Vermont · 1837
3Cited by2 opinions
- Joslyn v. OrindaSupreme Court of Vermont · 1881
- Atkins' v. AtkinsSupreme Court of Vermont · 1914