Boardman v. Bartlett
Supreme Court of Vermont
This was ejectment for about twenty acres of the south part of the north 100 acres of a certain lot of land, in Morristown.
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This was ejectment for about twenty acres of the south part of the north 100 acres of a certain lot of land, in Morristown. Seizin and ouster was laid in 1827. The plaintiff read in evidence a deed of the north 100 acres of said lot, from one Lucy Bartlett, William G. Bartlett and defendant, to Alfred Boardman, father of the plaintiff, dated October 3, 1825. It was admitted, that, from the time of the seizin and ouster alleged, and sometime before, the defendant had been in possession, adversely to the plaintiff, of about eleven acres of the land sued for. The plaintiff offered evidence to…
1Opinion of the Court
After argument, the opinion of the court was delivered by
Mattocks, J.
— The sixth section of the probate act, after directing that the executor or administrator may bring trespass or ejectment upon the right of the testator or intestate, and may prosecute any such suit, begun by the deceased, for the use and benefit of the heirs, devisees, or creditors, then says, “ that no such action shall be maintained by any heir or heirs, devisee or devisees, until such estate be set off to them by an order of the probate court.” The case at bar is plainly within this prohibition. Here were two heirs, of…
2Cases cited1 opinion
- Hubbard v. RicartSupreme Court of Vermont · 1831
3Cited by1 opinion
- Buck v. SquiersSupreme Court of Vermont · 1850