Barton v. Learned
Supreme Court of Vermont
This was an action-under the statute, brought in October, 1852, before a justice of the peace, to recover possession of lot No. 32, first division, in Berkshire, drawn to the right of the college, and came to the county court by appeal.
Read the full summary
This was an action-under the statute, brought in October, 1852, before a justice of the peace, to recover possession of lot No. 32, first division, in Berkshire, drawn to the right of the college, and came to the county court by appeal. The plaintiff offered to prove that on the 23d day of August, 1851, the defendant, while in possession of the premises, deeded the said lot No. 32, to one Charles Bowker, and at the time verbally agreed with said Bowker, that hej the defendant, would quit and give up the possession of the said land to the said Bowker, or to any one that Bowker might sell to,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The plaintiff seeks to be restored to the possession of the parcel of land, mentioned in his declaration; and though under the Revised Statutes of 1839, the action was to be brought before two justices of the peace, one of whom was to be a judge of the county court, yet in 1842, and 1850, the Legislature gave jurisdiction to a single magistrate. See Comp. Stat. of 1850, p. 307, 308.
*197The objection, then, that there was no jurisdiction, is without foundation.
The statute of 1850, in substance enacts, that when a lessee of any lands or tenements,…
2Cited by4 opinions
- Crawford v. JerrySupreme Court of Vermont · 1940
- Trask v. FountainSupreme Court of Vermont · 1919
- Burton v. RohrbeckSupreme Court of Minnesota · 1883
- Clough v. HortonSupreme Court of Vermont · 1869