Brown v. Turner
Supreme Court of Vermont
THIS was a petition for partition. The petitioner set forth in his petition, that he was seized in fee simple, as tenant in common, of certain real estate, situate in Pownal, bounded, &c. being the sawmill, sawmill-yard, sawmill-pond and the utensils, belonging to said mill, known by the name of Brown’s mill, (setting forth his title to two undivided third parts thereof) and that one Amos Turner, late of said Pownal, now deceased, was seized in his life-time of the other…
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THIS was a petition for partition. The petitioner set forth in his petition, that he was seized in fee simple, as tenant in common, of certain real estate, situate in Pownal, bounded, &c. being the sawmill, sawmill-yard, sawmill-pond and the utensils, belonging to said mill, known by the name of Brown’s mill, (setting forth his title to two undivided third parts thereof) and that one Amos Turner, late of said Pownal, now deceased, was seized in his life-time of the other undivided third part of said estate, by virtue of a deed from one David Page, executed to the said Amos on the 14th'day of…
1Opinion of the Court
The opinion of the Court was delivered by
Hutchinson J.
The petitioner claims to be owner of two undivided third parts of a sawmill and utensils, and mill-yard and pond, &c. and shows in his petition how he derives title, to wit, by deeds from sundry persons, of the name of Pratt, and alleges that Amos Turner, the intestate, died seized of the other undivided third part, and that the three petitionees occupy the same. The fair import seems to be, that they occupy jointly. The petition concludes with appropriate averments, that he cannot use and occupy to advantage, and prays for a partition of…
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