Mussey v. Scott
Supreme Court of Vermont
Trespass qu. cl. Plea the general issue and trial by the court at the March Term of the Rutland county court, 1858, Pierpoint, J., presiding.
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Trespass qu. cl. Plea the general issue and trial by the court at the March Term of the Rutland county court, 1858, Pierpoint, J., presiding. The plaintiff showed in evidence title in himself to the locus in quo, and the following facts in addition : — In June, 1854, he made a verbal contract with the defendant by which he sold him an acre of land including the premises in question, and was to put up a house upon it, excepting the cellar, and the defendant was to pay him twenty dollars toward the land the first year, in labor, and twenty dollars the second year, and also toward the house what…
1Opinion of the CourtBennett, J.
No question has been made, but what upon the facts stated in the bill of exceptions, the plaintiff had the right to reenter upon the premises, and we think none can be well made. The only question is, did the plaintiff exercise-a legal right in a legal manner ? If he did, his reentry must have the effect to vest in him the possession of the premises, and that possession must be a legal one against the defendant.
This is not such a case as Dustin v. Cowdry et al., 23 Vt. 631. In that case the entry was by force and a strong hand and against the strenuous resistance of the plaintiff and his…
2Cases cited3 opinions
- Dustin v. CowdrySupreme Court of Vermont · 1851
- Beecher v. ParmeleSupreme Court of Vermont · 1837
- Wilson v. HooperSupreme Court of Vermont · 1840
3Cited by11 opinions
- Bliss v. . JohnsonNew York Court of Appeals · 1878
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Smith v. ReederOregon Supreme Court · 1892
- Smith v. Detroit Loan & Building Ass'nMichigan Supreme Court · 1887
- People ex rel. Cooper v. FieldsNew York Supreme Court · 1869
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