Whitney v. French
Supreme Court of Vermont
Ejectment brought to recover the seizen and possession of the second division lot, drawn to the original right of Martin Elmore, in the town of Elmore and county of Lamoille. Plea, general issue, and trial by jury.
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Ejectment brought to recover the seizen and possession of the second division lot, drawn to the original right of Martin Elmore, in the town of Elmore and county of Lamoille. Plea, general issue, and trial by jury. On trial, the plaintiff offered in evidence a deed, from Stephen Patchin to Zadock Whitney of said lot, dated April 9, 1807, and acknowledged April 16, 1807, upon the back of which deed, is a certain condition, or writing of defeasance, of which the following is a true copy : “ The conditions of the within and foregoing deed are such, that “ whereas the within named Stephen…
1Opinion of the Court
The opinion of the court was delivered by
Redi'ieud, Ch. J.
1. The deed of Patchin to Whitney, must be regarded we think, ss prima facie subject, to the condition written upon the back of the deed. This seems probably to have formed a part of the deed, at the date of the record, when it would operate against the interest of the grantee, and being for the ease of the grantor, will be presumed to have formed a part of the deed, at the time of delivery. Else, it will be presumed .the grantee, would not have suffered it to be put upon the deed, subsequent to the delivery.
2. The relation of landlord…
2Cases cited4 opinions
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Bunce v. WolcottSupreme Court of Connecticut · 1816
- Skinner v. SmithSupreme Court of Connecticut · 1803
- Waterman v. HaskinNew York Supreme Court · 1810
3Cited by9 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Sowles v. MinotSupreme Court of Vermont · 1909
- Trustees of Caledonia County Grammar School v. HowardSupreme Court of Vermont · 1910
- Lathrop v. LevarnSupreme Court of Vermont · 1909
- Kendall v. Tracy, Hathaway & HathawaySupreme Court of Vermont · 1892
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