Jacob ex dem. Paine v. Smead
Supreme Court of Vermont
EJECTMENT for lands in Windsor. Plea — The General Issue. On trial the plaintiff gave in evidence an office copy of a Charter under New-Hampshire, of the township of Windsor, in which Simeon Chamberlain was as a grantee, a deed from Chamberlain to J. Willard, dated'July 16th., 1761 — from Willard to Israel Curtis, 3d October, 1767 — from Curtis to William Smead, 1st May, 1770— a power of attorney, Dec. 30th, 1771, from William Smead and others, proprietors under the…
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EJECTMENT for lands in Windsor. Plea — The General Issue. On trial the plaintiff gave in evidence an office copy of a Charter under New-Hampshire, of the township of Windsor, in which Simeon Chamberlain was as a grantee, a deed from Chamberlain to J. Willard, dated'July 16th., 1761 — from Willard to Israel Curtis, 3d October, 1767 — from Curtis to William Smead, 1st May, 1770— a power of attorney, Dec. 30th, 1771, from William Smead and others, proprietors under the New-Hampshire Grant, to N. Stone, for the purpose of authorising him to procure from the Governor of New-York, a confirmation of…
1Opinion of the Court
By the Court.
It is not designed to prove a conveyance from W. Smead. Grantees under a former Charter might surrender to the King, without deed, and may be bound by acceptance of, and acquiescence under a second Grant, without deed.- The receipt may be evidence of such acceptance and acquiescence.
Several witnesses proved, that there was a general acceptance and acquiescence in the New-York Grant, and by W. Smead in particular. It did not appear that W. Smead, who is since dead, did, in his life-time, make claim to the lot in question, which was divided to the Chamberlain right under…
2Cited by3 opinions
- University of Vermont v. of ReynoldsSupreme Court of Vermont · 1831
- People v. FooteAppellate Division of the Supreme Court of the State of New York · 1934
- Davis v. MoylesSupreme Court of Vermont · 1903