Spiller v. Scribner
Supreme Court of Vermont
Ejectment. Plea, tbe general issue. Trial by the court, June Term, 1861, Peck, J., presiding. The material facts sufficiently appear in the opinion of the court. Judgment for the plaintiff, — exceptions by the defendant. If there are two descriptions, the deed should be so construed, if possible, as to reconcile them both. Hull v. Fuller, 1 Vt. 100 ; Gates y. Lexuis, ib. 511 ; 2 Bl.
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Ejectment. Plea, tbe general issue. Trial by the court, June Term, 1861, Peck, J., presiding. The material facts sufficiently appear in the opinion of the court. Judgment for the plaintiff, — exceptions by the defendant. If there are two descriptions, the deed should be so construed, if possible, as to reconcile them both. Hull v. Fuller, 1 Vt. 100 ; Gates y. Lexuis, ib. 511 ; 2 Bl. Com. 379. The intention of the parties is to be gathered from the deed itself. 3 Stark Ev.- 995, 998, 1001, 1002. The fact that the defendant misunderstood his rights for a time does not take them from him. A…
1Opinion of the CourtPierpoint, J.
The principal question in this case, arises upon the construction of the deed under which the defendant claims title to the premises in controversy.
The material part of the description of the premises conveyed by that deed, is in the following words, “ being lots No. 22 and 23 in the second division of lots in said Chelsea, and is all and the same land which we now occupy and improve as our home farm, with all the buildings, &c.” It appears from the case, that the small tract now in dispute was occupied hy the defendant’s grantors as a part of their home farm, but is not embraced within the…
2Cases cited3 opinions
- Hibbard v. HurlburtSupreme Court of Vermont · 1838
- Morrow v. WillardSupreme Court of Vermont · 1857
- Gilman v. SmithSupreme Court of Vermont · 1840
3Cited by17 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Neill v. WardSupreme Court of Vermont · 1930
- Parrow v. ProulxSupreme Court of Vermont · 1940
- D'Orazio Et Ux. v. PashbySupreme Court of Vermont · 1930
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