Legal Opinion

Edgerton v. Clark

Supreme Court of Vermont

Decided February 15, 1848PublishedCited by 2 opinions

Ejectment for land in Pawlet. The writ bore date December 16, 1845. The defendant Clark was defaulted; and the defendant Blakely pleaded the general issue. Trial by jury, April Term, 1847, —E. June, assistant judge of Rutland county court, presiding.

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Ejectment for land in Pawlet. The writ bore date December 16, 1845. The defendant Clark was defaulted; and the defendant Blakely pleaded the general issue. Trial by jury, April Term, 1847, —E. June, assistant judge of Rutland county court, presiding. On trial the plaintiff gave in evidence a deed of the premises from John M. Clark to himself, dated July 8, 1839; and also gave evidence tending to prove, that he entered into possession, under said conveyance, and retained possession until the fall of 1844, when the defendant Clark entered upon the premises and retained possession until April 1,…

1Opinion of the Court

*267The opinion of the court was delivered by

Davis, J.

I do not propose to notice particularly more than two of the questions raised by the bill of exceptions in this case.

1. It is contended by the defendant’s counsel, that the circumstance, that, after the commencement of this suit, to wit, in May, 1846, the plaintiff conveyed to Albert Day, by quitclaim deed, all the right and title he had in the premises, required instructions on the part of the county court, that the plaintiff’s right of action, if any he had, was thereby taken away, — notwithstanding the additional fact, put into the case,…

2Cases cited5 opinions

  1. Carroll v. Norwood's heirsCourt of Appeals of Maryland · 1820
  2. Jackson ex dem. Henderson v. DavenportNew York Supreme Court · 1820
  3. Marshall v. WoodSupreme Court of Vermont · 1833
  4. Burton v. AustinSupreme Court of Vermont · 1832
  5. Lamson, Cutting & Buffum v. SutherlandSupreme Court of Vermont · 1841

3Cited by2 opinions

  1. Morehead v. Hall.Supreme Court of North Carolina · 1903
  2. Andrews v. WahinenuiHawaii Supreme Court · 1904

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