Ripley v. Yale
Supreme Court of Vermont
Ejectment for land in Middlebury. Plea, the general issue, and trial by jury, — Bennett, J., presiding. On trial the plaintiff claimed title to the demanded premises by virtue of a deed, duly executed and recorded, from Russell Bly to himself.
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Ejectment for land in Middlebury. Plea, the general issue, and trial by jury, — Bennett, J., presiding. On trial the plaintiff claimed title to the demanded premises by virtue of a deed, duly executed and recorded, from Russell Bly to himself. On the part of the defendant evidence was given, tending to prove, that, previous to the execution of the deed from Bly to the plaintiff, the defendant had entered into a contract with Bly for the purchase of the premises, and had entered into possession of the premises under the contract, and that, at the time of the execution of the deed to the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The charge of the county court, in this case, was, in substance, that the possession of the defendant was such as to avoid the deed executed to the plaintiff by Bly. To give that effect to the possession of the defendant, it must have been adverse to Bly, the grantor. It appears from the charge of the court, that the defendant entered into possession of the premises under a contract for the purchase of the same, and claimed his right under and by virtue of the contract. It would have been well to have made the contract a part of the…
2Cases cited4 opinions
- Hall v. DeweySupreme Court of Vermont · 1838
- Tuttle v. ReynoldsSupreme Court of Vermont · 1828
- Selleck v. StarrSupreme Court of Vermont · 1834
- Bowker v. WalkerSupreme Court of Vermont · 1826
3Cited by2 opinions
- Robinson v. SherwinSupreme Court of Vermont · 1863
- Ripley v. YaleSupreme Court of Vermont · 1847