Gray v. Clark & Putnam
Supreme Court of Vermont
Ejectment for a third of an acre of land in Marshfield. Plea, not guilty, and trial by jury. Upon the trial in the court below, it appeared in evidence, that on the 26th day of July, 1826, Luther Hunt deeded the land in controversy, with some sixty seven acres more, to Eli Wheelock, and the lands so deeded are described as follows : “ All that part of lot No. three in the fifth range of lots in said town, meaning to convey all that part of said lot that was deeded to me by…
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Ejectment for a third of an acre of land in Marshfield. Plea, not guilty, and trial by jury. Upon the trial in the court below, it appeared in evidence, that on the 26th day of July, 1826, Luther Hunt deeded the land in controversy, with some sixty seven acres more, to Eli Wheelock, and the lands so deeded are described as follows : “ All that part of lot No. three in the fifth range of lots in said town, meaning to convey all that part of said lot that was deeded to me by Daniel Wilson on the 20th day of August, 1823, bounds the same, being more or less; also, about one third of an acre of…
1Opinion of the Court
The opinion of the court was delivered by
Reüfield, J.-
The only question tobe determined in this case is, whether the land in question was included in the exception in Whelock’s mortgage deed to Hunt, or in the grant.
All the land referred to in this deed originally belonged to Hunt, and had all, that day, been deeded to Wheelock.— The notes secured by the mortgage were a portion of the consideration of the purchase, and, from the amount, $850, being the same as the consideration expressed in Hunt’s deed to Wheelock, it is presumed were for the principal part of the consideration. The land in…
2Cases cited1 opinion
- Jackson ex dem. Schenck v. WoodNew York Supreme Court · 1816
3Cited by9 opinions
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- White & Hammond v. AmsdenSupreme Court of Vermont · 1893
- Stanyan v. Security Mutual Life InsuranceSupreme Court of Vermont · 1917
- Rood v. JohnsonSupreme Court of Vermont · 1853
- Beadle v. Sage Land & Improvement Co.Michigan Supreme Court · 1905
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