Legal Opinion

Holton v. Whitney

Supreme Court of Vermont

Decided February 15, 1856PublishedCited by 1 opinion

Ejectment to recover the seizin and possession of a small tract of land, about an acre, situate in Putney. Plea, the general issue; trial by jury, September Term, 1855, — Underwood, J., presiding.

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Ejectment to recover the seizin and possession of a small tract of land, about an acre, situate in Putney. Plea, the general issue; trial by jury, September Term, 1855, — Underwood, J., presiding. The plaintiff did not rely on any paper title to the premises in question, which, for the purposes of this trial, it was conceded, was in the defendant; but claimed to hold the land by the adverse possession of himself and of Mercy Adams, through whom he derived title to the adjoining land, by virtue of a deed from her administrator. The defendant claimed the land by virtue of a deed from Theophilus…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, Ch. J.

In the present case the plaintiff claimed title to the premises by fifteen years adverse possession. To make out the term, it became necessary to include a portion of the time while the land was claimed to be in the possession of a married woman and her husband, both residing on the adjoining land, the fee of which was in the wife. The judge ruled that he might have the benefit of this possession of the wife, (as he regarded it,) and that “ her being a feme covert made no difference in her ability to gain title to the land in question,…

2Cited by1 opinion

  1. Bowen v. AmsdenSupreme Court of Vermont · 1874

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