Manwell v. Estate of Manwell
Supreme Court of Vermont
This was an appeal from the decision of commissioners appointed by the probate court for the district of Chittenden to examine and adjust all claims against the estate of Stephen Manwell, deceased, allowing a claim in favor of Elias Nye, and Betsey, his wife, against said estate. After the entry of the appeal in the county court, Elias Nye died and Betsey Nye prosecuted the suit as survivor.
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This was an appeal from the decision of commissioners appointed by the probate court for the district of Chittenden to examine and adjust all claims against the estate of Stephen Manwell, deceased, allowing a claim in favor of Elias Nye, and Betsey, his wife, against said estate. After the entry of the appeal in the county court, Elias Nye died and Betsey Nye prosecuted the suit as survivor. Before the trial came on in the county court, the said Betsey died, and Philip Y. Manwell, administrator of the estate of the said Betsey, entered and prosecuted the suit. Dulcena Manwell was…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is true that a deed of land, to be admitted as evidence, even in a suit between the parties, if proved only by the acknowledgment of the grantor, must be first recorded. But when the clerk of the proper office has duly certified, upon the deed, that it has been properly recorded, we do not think the effect of the evidence can be defeated by showing a mistake in the record, certainly not, where that mistake does not affect the interest of the person, against whom the evidence is offered.
We think that, by the terms of the contract, the…
2Cited by7 opinions
- Hershfield & Bro. v. AikenMontana Supreme Court · 1880
- State v. HodgsonSupreme Court of Vermont · 1893
- Aiken v. SmithSupreme Court of Vermont · 1849
- Frost v. KelloggSupreme Court of Vermont · 1851
- State v. FreemanSupreme Court of Vermont · 1891
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