Wilmot v. Lathrop
Supreme Court of Vermont
These two cases were heard together by court at the June term, 1894, Orange county, Ross, C. J., presiding. The first was ejectment, in which the plea was not guilty; and the second a petition for partition. Upon the facts found, the court gave judgment in the ejectment suit for the defendant, Maria L. Hurlburt, to recover her costs, to which the plaintiff excepted. In the other suit, the court ordered partition, to which the defendant, Maria L. Hurlburt, excepted.
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These two cases were heard together by court at the June term, 1894, Orange county, Ross, C. J., presiding. The first was ejectment, in which the plea was not guilty; and the second a petition for partition. Upon the facts found, the court gave judgment in the ejectment suit for the defendant, Maria L. Hurlburt, to recover her costs, to which the plaintiff excepted. In the other suit, the court ordered partition, to which the defendant, Maria L. Hurlburt, excepted. The facts appear in the opinion. Parol evidence was not admissible to contradict the record as to the time when the quadrennial…
1Opinion of the CourtMunson, J.
The two cases' to be determined were tried together. The first is ejectment for a lot known as the Smith Hill pasture. The second is a petition for the partition of premises known as the Hiram Lathrop home farm. The Smith Hill pasture adjoins the Lathrop farm, and has long been used in connection witii it. Both pieces were set to Hiram Lathrop as one parcel in the list of 1886, and were sold for the non-payment of taxes assessed under a vote taken at a special town meeting held in February, 1887. Maria L. Hurlburt, a defendant in both suits, claims under this sale.
In 1863, Hiram Lathrop…
2Cases cited14 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- Watkins v. EatonSupreme Judicial Court of Maine · 1849
- Morton v. EdwinSupreme Court of Vermont · 1846
- Richardson v. YorkSupreme Judicial Court of Maine · 1837
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3Cited by9 opinions
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