Austin v. Bailey
Supreme Court of Vermont
Ejectment for tbe northerly part of lot No. 60, 2d division in Brunswick. Trial by jury, September Term, 1863, Poland, Cb. J., presiding.
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Ejectment for tbe northerly part of lot No. 60, 2d division in Brunswick. Trial by jury, September Term, 1863, Poland, Cb. J., presiding. Tbe plaintiff claimed to bave bid tbis Iqt off at a tax sale October 2d, 1845, and testified that be received a deed of it from David Hyde, tbe constable and collector of tbe tqwn of Brunswick, in tbe fall of 1846 ; and that be exercised acts of ownership over it in tbe winter and spring following; that in tbe spring of 1848, while at Woodstock attending court, Elisha Webster entered upon and took possession of said lot and fenced a portion of it; that upon…
1Opinion of the CourtAldis, J.
I. The heir upon the death of the ancestor has a vested interest in the estate which he may immediately convey by deed. 3 Vt. 207; 17 Vt. 280. The grantee by the deed gets the title of the heir and stands in his place. He holds the land as the heir did subject to the lien (if any) of the administrator. To protect this lien the statute provides (G. S. p. 391, § 14) that when an administrator shall be appointed and assume the trust no action of ejectment shall be maintained by any heir until (1) there shall be a decree of the probate court assigning such lands to such heir, or (2) the time…
2Cases cited2 opinions
- Hubbard v. RicartSupreme Court of Vermont · 1831
- Hyde v. BarneySupreme Court of Vermont · 1845
3Cited by14 opinions
- Rennert v. ShirkIndiana Supreme Court · 1904
- Langdon v. TempletonSupreme Court of Vermont · 1893
- Coolidge v. TaylorSupreme Court of Vermont · 1911
- Round Mountain Lumber & Coal Co. v. BassTennessee Supreme Court · 1916
- Spencer v. Lyman Falls Power Co.Supreme Court of Vermont · 1938
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