Smith v. Higbee
Supreme Court of Vermont
This was an action of debt, in three counts. In the first count the plaintiff alleged, in substance, that heretofore, to wit, on the 21st day .of March, 1835, an agreement was made between the plaintiff and defendant, by which the defendant agreed to convey to the plaintiff, on the 23d day of March, 1835, the farm on which the defendant then lived, lying partly in Shelburne and partly in St. George, by a deed of warranty, except so much of said farm as the defendant held…
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This was an action of debt, in three counts. In the first count the plaintiff alleged, in substance, that heretofore, to wit, on the 21st day .of March, 1835, an agreement was made between the plaintiff and defendant, by which the defendant agreed to convey to the plaintiff, on the 23d day of March, 1835, the farm on which the defendant then lived, lying partly in Shelburne and partly in St. George, by a deed of warranty, except so much of said farm as the defendant held under a lease from the tówn of Shelburne, and of the part so held under said lease, the defendant was to give such a title…
1Opinion of the Court
The opinion of the court was delivered by
Rebfield, J.
— It is in vain for the plaintiff to expect to recover upon the contract declared upon in the first count, under the circumstances proved in the case. That contract was in writing, but not under seal, and was for the conveyance of the land described, free from all incumbrance. Subsequently, the parties met and the plaintiff accepted a deed of the land, and, as some doubt arose in the mind of the parties, in relation to a claim which Isaac Higbee was supposed have to aright of way across the land,the plaintiff took the bond declared upon in…
2Cases cited3 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
3Cited by5 opinions
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- Traders, Inc. v. BartholomewSupreme Court of Vermont · 1983
- Berge v. StateSupreme Court of Vermont · 2006
- Langdon v. PaulSupreme Court of Vermont · 1848
- State v. WentworthSupreme Court of New Hampshire · 1858