Legal Opinion

Crosby v. Montgomery

Supreme Court of Vermont

Decided August 15, 1865PublishedCited by 9 opinions

Trespass giiare clausum. The case was referred and the referee reported substantially that Elisha Davis at the time of his decease in 1812, was the owner of lot No. 8 in the 2d range in Hardwick; that his estate was insolvent as appears by the records of the probate court; and that Peter Page was appointed administrator.

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Trespass giiare clausum. The case was referred and the referee reported substantially that Elisha Davis at the time of his decease in 1812, was the owner of lot No. 8 in the 2d range in Hardwick; that his estate was insolvent as appears by the records of the probate court; and that Peter Page was appointed administrator. The plaintiff claimed title to said premises, a portion of which are the premises in dispute, through a deed from Peter Page as administrator of said Davis to Levi Hodge, the terms of which are sufficiently set forth in the opinion of the court. The plaintiff also held a…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, J.

Both parties claim title to the premises in dispute from Elisha Davis, deceased; the plaintiff through a deed from Peter Page, as administrator of said Davis, to Levi Hodge, and the defendant by conveyance from the heirs of said Davis ; and the only question raised is, as to the construction to be put upon the deed from the said Page to Hodge.

Did the deed convey to Hodge the reversion in that part of the premises described, that had been set to the widow of the said Davis as her dower ? The words in the deed are, “ I do in my said capacity…

2Cited by9 opinions

  1. Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
  2. Stockwell v. CouillardMassachusetts Supreme Judicial Court · 1880
  3. Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
  4. Martin v. CookMichigan Supreme Court · 1894
  5. White v. City of MarionSupreme Court of Iowa · 1908

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