Cheney v. Cheney
Supreme Court of Vermont
Ejectment for lots No. 8, 3d division, right of Oliver Eobinson, and lot No. 3, 4th division, right of Joel Grant, in Lunenburg. Plea, the general issue, and trial by jury..
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Ejectment for lots No. 8, 3d division, right of Oliver Eobinson, and lot No. 3, 4th division, right of Joel Grant, in Lunenburg. Plea, the general issue, and trial by jury.. On the trial, the plaintiffs, to support the issue on their part, read in evidence: 1. A deed from Phinehas Dodge to Daniel Cheney, dated January 4, 1796, of sixty acres of the easterly part of lot No. 8, 3d division in Lunenburg, the same being described by metes and bounds. 2. A deed from Z. Eager to Daniel Cheney, dated February 6, 1796, of fifty acres, being one half of the 4th division lot of the right of Joel Grant,…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The judgment of the county court in this case must be affirmed. In order to sustain this action of ejectment, the plaintiffs must show a legal title, and the right of an immediate possession to the premises described in the declaration, not only at the commencement of the suit, but also at the time of trial and judgment. Benton v. Austin, 4 Vt. 105. Tryon v. Tryon, 16 Vt. 313. McDaniel v. Reed, 17 Vt. 674. If several plaintiffs count upon a joint’title and right of possession, the same principle applies. The legal title and right of possession…
2Cases cited7 opinions
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- University of Vermont v. JoslynSupreme Court of Vermont · 1848
- McDaniels v. ReedSupreme Court of Vermont · 1845
- Edwards v. ParkhurstSupreme Court of Vermont · 1849
- Burton v. AustinSupreme Court of Vermont · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Montgomery v. BranonSupreme Court of Vermont · 1968
- Ex parte SayreSupreme Court of Alabama · 1881
- Echols v. SparksSupreme Court of Georgia · 1888
- Mills v. GravesIllinois Supreme Court · 1867
- Waterman v. AndrewsSupreme Court of Rhode Island · 1884
1 more not listed; retrieve them via the Exa API.