Norton's Administrator v. Perkins
Supreme Court of Vermont
Ejectment. Plea, the general issue. Trial by jury at the December term, 1893, Addison county, Munson, J., presiding. Verdict for the plaintiff to recover the possession of the premises and one cent damages. The defendant excepts. September 4, 1889, the plaintiff’s intestate conveyed to the defendant the premises in question, and upon the same day gave him a bill of sale of certain personal property which was on the premises.
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Ejectment. Plea, the general issue. Trial by jury at the December term, 1893, Addison county, Munson, J., presiding. Verdict for the plaintiff to recover the possession of the premises and one cent damages. The defendant excepts. September 4, 1889, the plaintiff’s intestate conveyed to the defendant the premises in question, and upon the same day gave him a bill of sale of certain personal property which was on the premises. The deed contained the usual covenants of warranty “subject to certain mortgages which the said Perkins is to assume.” Upon the same day, and in pursuance of the contract…
1Opinion of the CourtRoss, C. J.
The intestate and defendant, September 4, 1889, to effectuate a contract then entered into, executed and delivered three written instruments. Over the intestate’s signature, under seal, he executed a warranty deed to the defendant containing the usual covenants, except against a mortgage resting on the premises, and, over his signature, without seal, he executed a bill ol sale of certain personal property to the defendant. Then signed by both was an instrument which reads :
“Whereas, I, Hirarft Norton, of Addison, in the county of Addison, and state of Vermont, have this day given a warranty…
2Cases cited7 opinions
- Cross v. CarsonIndiana Supreme Court · 1846
- Hubbard v. HubbardMassachusetts Supreme Judicial Court · 1867
- Dunklee v. AdamsSupreme Court of Vermont · 1848
- Johnson v. MuzzySupreme Court of Vermont · 1873
- Whitney v. FrenchSupreme Court of Vermont · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- In Re Dugan's EstateSupreme Court of Vermont · 1937
- Estate of LaCross v. GodnickSupreme Court of Vermont · 1961