Winslow v. Newell
Supreme Court of Vermont
This was a declaration for betterments, — the defendant having recovered judgment against the plaintiffs in an action of ejectment for the land described in the declaration, — and was tried at the December Term, 1845, — Bennett, J., presiding.
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This was a declaration for betterments, — the defendant having recovered judgment against the plaintiffs in an action of ejectment for the land described in the declaration, — and was tried at the December Term, 1845, — Bennett, J., presiding. On trial the plaintiffs gave in evidence a deed from one Capen, collector of a land tax, to Sturgis Penfield of one hundred and sixty acres of lot No. 48 in the second division of lands in Goshen, executed and recorded Sept. 8, 1825, and also gave evidence tending to prove, that in 1835 one Goss, in pursuance of a parol agreement between himself and…
1Opinion of the Court
The opinion of the court was delivered by
Redi-ieed, J.
In this case I do not understand that there is any pretence of recovering for betterments made by Goss under the Stewart title; for the jury have found that he did not suppose that deed gave him any title to the fifty acres, for which the defendant recovered in ejectment. There is, indeed, nothing in the case to show that Goss ever made any betterments on the’ lot, unless his put*168ting up tile fences and occupying the pasture is to bear that construction ; — but, allowing that he did, he could not recover for them on the ground of the…
2Cited by6 opinions
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- Stettnische v. LambNebraska Supreme Court · 1886
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