Collins v. Lavelle
Supreme Court of Vermont
This was an action of ejectment to recover one undivided third of about 150 acres of land in the town of Richmond. Plea, the general issue, and trial by jury.
Read the full summary
This was an action of ejectment to recover one undivided third of about 150 acres of land in the town of Richmond. Plea, the general issue, and trial by jury. The plaintiff put in evidence a warranty deed, in the usual form, of the premises in question, from Thomas Palmer to Ransom Palmer, with the following condition thereunder written above the signature: “ Provided nevertheless and it is hereby further understood that this deed is to be upon the following conditions, (viz.): 1st. — The said Thomas Palmer is to have and occupy the aforesaid granted premises during his natural life. “ And…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
In Jackson v. Myers, 3 Johns., 383, Kent, Ch. J., used this language : “ The intent, when apparent and not repugnant to any rule of law, will control technical terms; for the intent, and not the words, is the essence of every agreement. In the exposition of deeds, the construction must be upon the view and comparison of the whole instrument, and with a view to give every part of it meaning and effect.” The idea thus expressed is adopted and carried into effect in the case of Flagg, adm'r., v. Fames et al., 40 Vt., 16 ; and in the opinion…
2Cases cited2 opinions
- Flagg v. EamesSupreme Court of Vermont · 1867
- Colby v. ColbySupreme Court of Vermont · 1855
3Cited by6 opinions
- Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
- Carson v. McCaslinIndiana Supreme Court · 1878
- DeGoosh v. Baldwin & RussSupreme Court of Vermont · 1912
- Blair v. Blair and BlairSupreme Court of Vermont · 1940
- Goodyear Shoe Machinery Co. v. Selz, Schwab & Co.Appellate Court of Illinois · 1894
1 more not listed; retrieve them via the Exa API.