Dano v. Sessions
Supreme Court of Vermont
Appeal from the judgment of a justice. Action on the case for deceit in the sale of land. Heard upon general demurrer to the plaintiff’s declaration at the December term, 1890, Start, J. presiding. The case was dismissed upon the ground that the title to land was involved and that therefore the justice had no jurisdiction. Exceptions by the plaintiffs. The case appears in the opinion. The title to land is not concerned.
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Appeal from the judgment of a justice. Action on the case for deceit in the sale of land. Heard upon general demurrer to the plaintiff’s declaration at the December term, 1890, Start, J. presiding. The case was dismissed upon the ground that the title to land was involved and that therefore the justice had no jurisdiction. Exceptions by the plaintiffs. The case appears in the opinion. The title to land is not concerned. Jakeway v. Barrett, 38 Yt. 316. Jakeway v. Barrett, 38 Yt. 316; Whitney v. Bowen, 11 Yt. 250 ; Hamen v. Needham, 20 Yt. 183; French v. Holt, 51 Yt. 544; French v. Holt, 51 Yt.…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
In actions of a civil nature, if the title of land is concerned, a justice of the peace has no jurisdiction. The question must be determined by the declaration. If on a traverse of all the material facts alleged therein, the title of land is involved in the issue, then the title is concerned and the cause is *406without the cognizance of a Justice Court. The plaintiffs allege that the defendant for the purpose of inducing them to buy of him a certain tract of land, describing it by metes and bounds, for an agreed price, fraudulently, falsely, and…
2Cases cited2 opinions
- Jakeway v. BarrettSupreme Court of Vermont · 1865
- Flannery v. HinksonSupreme Court of Vermont · 1868
3Cited by5 opinions
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Schwartz v. MurphyCourt of Appeals for the D.C. Circuit · 1940
- Dano v. SessionsSupreme Court of Vermont · 1893
- Gray v. WardCourt of Appeals for the D.C. Circuit · 1916
- Village of Brattleboro v. YauveySupreme Court of Vermont · 1928