Van Dyke v. Cole
Supreme Court of Vermont
Appeal In Chancery. Heard on the pleadings, master’s report and exceptions thereto, and motion to strike the cross-bill from the files, at the March Term, 1907, Essex County, Taylor, Chancellor.
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Appeal In Chancery. Heard on the pleadings, master’s report and exceptions thereto, and motion to strike the cross-bill from the files, at the March Term, 1907, Essex County, Taylor, Chancellor. Exceptions overruled; motion denied; and decree that the defendant is entitled to the specific performance sought by his crossbill; that on or before October 10, 1907, the defendant pay the orators $699.93, and the costs in the ejectment suit, less the orators ’ cost in this suit; that within ten days thereafter the orators convey to the defendant all their -title to the premises in question, and in…
1Opinion of the CourtWatson, J.
Tbe orators moved to strike tbe cross bill from tbe files for that it is based on matters irrelevant to tbe case *390made by the original bill, and it is urged that the motion should have been granted. The determination of this question requires an examination of the original bill with reference to subject-matter and relief sought, and a relative similar examination of the cross bill.
The orators brought their action of ejectment to recover the possession of the land in question and damages. The declaration alleged that on the 12th day of April, 1898, the orators were seised and possessed of the…
2Cases cited18 opinions
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Waters v. TravisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Miller v. WatsonSupreme Court of Georgia · 1912
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- Barber v. BaileySupreme Court of Vermont · 1912
- Moore v. KellySupreme Court of Oklahoma · 1916
- Waite v. StanleySupreme Court of Vermont · 1914
30 more not listed; retrieve them via the Exa API.