Rublee v. Mead
Supreme Court of Vermont
This was ejectment f°r a Part of lot No. 66, in the fourth division in Middlesex. The seisin of the plaintiff was laid on the Í 6th, and the ouster on the 20th day of July, A. D. 1828. On trial in the county court, the plaintiff proved the defendant in possession at the commencement of the action, and gave in evidence the record of an attachment of the premises in question, on a writ of attachment in favor of the plaintiff against one Joel Mead, followed by a judgement,…
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This was ejectment f°r a Part of lot No. 66, in the fourth division in Middlesex. The seisin of the plaintiff was laid on the Í 6th, and the ouster on the 20th day of July, A. D. 1828. On trial in the county court, the plaintiff proved the defendant in possession at the commencement of the action, and gave in evidence the record of an attachment of the premises in question, on a writ of attachment in favor of the plaintiff against one Joel Mead, followed by a judgement, execution and levy of the same upon said premises, made within five months from the rendition of judgement. The levy was…
1Opinion of the CourtRoyce, J.
delivered the «pinion of the court. — The member» of the court are not fully agreed in opinion upon the point of priority in recording, between the plaintiff’s attachment and the de - fendant’s deed ; but for the present occasion that point, as also those relating to the seisin and ouster as laid in the declaration, and to the necessity of an entry, notice to quit, or demand of possession preparatory to bringing the action, are ruled in favor of the plaintiff.
The principal question to which our attention has been directed is, whether the facts in this case, aside from the record of the deed,…
2Cases cited2 opinions
- Farnsworth v. ChildsMassachusetts Supreme Judicial Court · 1808
- Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
3Cited by10 opinions
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- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Sanger v. CraigueSupreme Court of Vermont · 1838
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Pope v. HenrySupreme Court of Vermont · 1852
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