Blodget v. Brinsmaid
Supreme Court of Vermont
'This wa's an action of ejectment, for land in Burlington. On trial, it appeared that in 1833, the defendant, as administrator of the estate of John Collard, recovered this land inejectment. The plaintiff, in 1835, as the creditor of said Collard, deceased, recovered a judgment against the defendant, as administrator, and took out execution against the goods, chattels and lands of said deceased, and caused the same to be levied on the land in question.
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'This wa's an action of ejectment, for land in Burlington. On trial, it appeared that in 1833, the defendant, as administrator of the estate of John Collard, recovered this land inejectment. The plaintiff, in 1835, as the creditor of said Collard, deceased, recovered a judgment against the defendant, as administrator, and took out execution against the goods, chattels and lands of said deceased, and caused the same to be levied on the land in question. The defendant read in evidence a quit claim deed from said Collard to him, dated in 1827, of all his claim, he. to the towns of Burlington…
1Opinion of the CourtCollamer, J.
The only claim to this land, by defendant,was his deed of 1827. The effect of this evidence was fully passed up0n by this court, two years since. It was then decided, that this evidence alone could not enable defendant to hold this land, in his own right, against the legal presumption arising from the judgment, which the defendant recovered for this land, as the administrator of Collard. First, Because the legal presumption would be, that the recovery by the administrator was upon a title obtained by Collard after 1827. Secondly, There was no testimony tending to explain why the defendant,…
2Cited by9 opinions
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- Davidson v. WhitehillSupreme Court of Vermont · 1914
- Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
- Back v. BackSupreme Court of Iowa · 1910
- Brotherhood of Locomotive Firemen & Enginemen v. HoganDistrict Court, D. Minnesota · 1934
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