Abbott v. Lapoint
Supreme Court of Vermont
Ejectment. Plea, the general issue. Trial by jury at the December Term, 1907, Windsor County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The presumption that the relation of landlord and tenant existed between Brown and Bennett arises from the payment and acceptance of rent, and exclusive possession by Bennett.
Read the full summary
Ejectment. Plea, the general issue. Trial by jury at the December Term, 1907, Windsor County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The presumption that the relation of landlord and tenant existed between Brown and Bennett arises from the payment and acceptance of rent, and exclusive possession by Bennett. Acker v. Wither ell, 4 Hill, 2 Phillips Ev. 150, 151; Williams v. Woodward, 2 Wend. 487, 492; 2 Taylor, Landlord and Tenant, §429; Bedford v. Terhume, 30 N. Y. 453; Shea v. Gray, 15 Ir. C. L. 296. Here'was also an estoppel in pais. Green v.…
1Opinion of the CourtMunson, J.
August 4, 1903, J. E. Brown leased certain premises to IT. E. Partridge for five years by an instrument duly executed and recorded. Partridge put in certain fixtures, and occupied the premises as a meat market until December 18, 1905, when he sold his interest under the lease and gave possession of the premises, fixtures and stock to J. P. Meany. Meany occupied until March 1, 1906, when he sold his interest under the lease and gave possession of the premises and property therein to the plaintiff. Each of the above transfers was accompanied by the delivery of an unsigned incomplete carbon copy…
2Cases cited2 opinions
- Amsden v. AtwoodSupreme Court of Vermont · 1895
- Harrington v. GageSupreme Court of Vermont · 1834
3Cited by2 opinions
- Bioni Et Ux. v. Haselton, GuardianSupreme Court of Vermont · 1926
- Pitkin's Admrs. v. City of MontpelierSupreme Court of Vermont · 1912