Legal Opinion

McDaniels v. Reed

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 13 opinions

Ejectment. Plea, the general issue, and trial by jury. The plaintiff claimed title to the demanded premises by virtue of several mortgage deeds, executed by the defendant Reed, and which described distinct premises, parcel of the demanded premises.

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Ejectment. Plea, the general issue, and trial by jury. The plaintiff claimed title to the demanded premises by virtue of several mortgage deeds, executed by the defendant Reed, and which described distinct premises, parcel of the demanded premises. One of s.aid deeds was given to Alexander Barrett, to secure six promissory notes, amounting in all to the sum of $2500, and bore date January 10, 1S28, and was, by said Barrett, assigned to the plaintiff on the 7th day of March, 1828 ; another of said deeds was x executed to the plaintiff, to secure a promissory note for the sum of $600, and bore…

1Opinion of the Court

The opinion of the court was delivered by

Hebard J.

The plaintiff claimed title to the premises described in his declaration by virtue of several mortgage deeds. No question has been raised, but what the action was well conceived as to the defendant Reed. The right to recover against the defendant Vail depends upon several questions. The first is, as to the point of time, in reference to thevproceedings, which is to be regarded as the commencement of the action. It seems, that, at the time the writ bears date, Vail was not in possession of any part of the premises, and had no title to any part…

2Cases cited2 opinions

  1. Hall & Chase v. J. & J. H. Peck, & Co.Supreme Court of Vermont · 1838
  2. Lamb v. Day & PeckSupreme Court of Vermont · 1836

3Cited by13 opinions

  1. Poff v. MillerTexas Commission of Appeals · 1921
  2. Karnes v. BartonCourt of Appeals of Texas · 1925
  3. Stanley v. TurnerSupreme Court of Vermont · 1896
  4. Cheney v. CheneySupreme Court of Vermont · 1854
  5. Cross v. BarberSupreme Court of Rhode Island · 1888

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