Crahan v. Town of Chittenden
Supreme Court of Vermont
Ejectment. Plea, the general issue. Trial by court at the March Term, 1908, Rutland County, Taylor, J., presiding. Judgment lor the plaintiff. The defendant excepted. The opinion states the case. Defendant’s evidence offered to show that the deed was obtained by fraud and undue influence, and by duress, was improperly excluded. Smith v. Ward, 1 Am. Dec. 80, and note; Schrader v. Decker, 49 Am. Dec. 516; Heeton v. Glasgow, 21 Am. Rep. 46; Strauch v. Hathaway, 40 Am.
Read the full summary
Ejectment. Plea, the general issue. Trial by court at the March Term, 1908, Rutland County, Taylor, J., presiding. Judgment lor the plaintiff. The defendant excepted. The opinion states the case. Defendant’s evidence offered to show that the deed was obtained by fraud and undue influence, and by duress, was improperly excluded. Smith v. Ward, 1 Am. Dec. 80, and note; Schrader v. Decker, 49 Am. Dec. 516; Heeton v. Glasgow, 21 Am. Rep. 46; Strauch v. Hathaway, 40 Am. Rep. 193; Baker v. Sherman & Miller, 73 Yt. 26. Ejectment cannot be maintained by the grantee of the mortgagor against the…
1Opinion of the CourtWatson, J.
This is an action of ejectment to recover certain lands in the town of Chittenden. The plaintiff claims title *413through a quitclaim deed from A. S. Ager and wife, dated the 29th of June, 1905. Ager purchased the property February 28, 1870, from William Creed, taking title thereto by warranty deed conditioned for the payment of certain promissory notes. From that time Ager and his wife occupied the premises continuously as a homestead without interruption until possession was taken by the defendants in this action, prior to the date of the writ, since which time defendants have held possession…
2Cases cited13 opinions
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- Richmond v. AikenSupreme Court of Vermont · 1853
- Paine v. McDowellSupreme Court of Vermont · 1898
- Gregg v. WillisSupreme Court of Vermont · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. StorrsSupreme Court of Vermont · 1933
- In re Bean's WillSupreme Court of Vermont · 1912
- Moncion v. BertrandSupreme Court of Vermont · 1925
- In re Wells' WillSupreme Court of Vermont · 1921
- Rassman v. American Fidelity CompanySupreme Court of Vermont · 1983
7 more not listed; retrieve them via the Exa API.