Graham v. Stevens
Supreme Court of Vermont
Ejectment for a certain tract of land situate in the town oí "Winhall. Plea, not guilty, and trial by the court at the June term, 1860, Kellogg, J., presiding. The plaintiff read in evidence on the trial a deed executed by the defendant and his wife to him, the plaintiff, dated June 4th, 1857, and conveying in consideration of the sum of eight hundred and fifty dollars, the premises described in the plaintiff’s declaration in this action.
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Ejectment for a certain tract of land situate in the town oí "Winhall. Plea, not guilty, and trial by the court at the June term, 1860, Kellogg, J., presiding. The plaintiff read in evidence on the trial a deed executed by the defendant and his wife to him, the plaintiff, dated June 4th, 1857, and conveying in consideration of the sum of eight hundred and fifty dollars, the premises described in the plaintiff’s declaration in this action. It. was admitted by the defendant that at the time of the commencement of this suit, he was, and for a year previous thereto had been, in possession of the…
1Opinion of the CourtPierpoint, J.
The determination of this case depends upon the construction that is to be given to the deed executed by the *168defendant and Iiis wife to the plaintiff, in connection with the writing upon the back thereof, signed by the plaintiff.
The case shows that the said writing- was signed by the plaintiff before the deed was executed and delivered by the defendant, so that their legal effect and operation were simultaneous, and they must be regarded, as they in fact were, one and the same transaction, and constitute in reality, but a single instrument. Regarding it in that light, what is the legal effect…
2Cited by8 opinions
- Kawauchi v. TabataHawaii Supreme Court · 1966
- Patch v. Phoenix Mutual Life InsuranceSupreme Court of Vermont · 1872
- Hydeville Co. v. Eagle Railroad & Slate Co.Supreme Court of Vermont · 1872
- Norton's Administrator v. PerkinsSupreme Court of Vermont · 1894
- Weikel v. DavisWashington Supreme Court · 1919
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