Hodges v. Gates
Supreme Court of Vermont
This was an action of ejectment for a lot of land in Sherburne. Upon the trial in the County Court, the plaintiff, having proved his title, read in evidence a deed to the defendant from Abel F. Daine dated 16th Dec. 1834. It appeared that said Abel F. Daine, was to have the use of the land for one year after the date of the deed.
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This was an action of ejectment for a lot of land in Sherburne. Upon the trial in the County Court, the plaintiff, having proved his title, read in evidence a deed to the defendant from Abel F. Daine dated 16th Dec. 1834. It appeared that said Abel F. Daine, was to have the use of the land for one year after the date of the deed. To prove possession, the plaintiff called Rufus Richardson, who testified that Daine left the possession of the land in question, in May, 1835; that he, (Richardson,) proposed to purchase the growing crops of said Daine, but declined doing so, until he could…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
The only question in this case is, whether the defendant was in possession of the demanded premises, in such sense, as to subject him to the action of ejectment. It appears that one Daine was, in fact, in possession, who had previously conveyed his right in the premises to the defendant, with an agreement that he (Daine) should retain the use and occupancy of the-land for one year.
*180It is very clear, that Daine, by this arrangement, became the tenant of Gates, the defendant, and, under our statute, requiring the landlord to be joined with the…
2Cited by1 opinion
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