Administrator of North v. Barnum & Rich
Supreme Court of Vermont
Ejectment, for thirty-three acres of land in Shoreham, being the south part of lot No. 8, in the third division of the right of Jonathan Gates. Plea — Not guilty, ■ and issue to the country. The defendants were admitted to be in possession of the demanded premises.
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Ejectment, for thirty-three acres of land in Shoreham, being the south part of lot No. 8, in the third division of the right of Jonathan Gates. Plea — Not guilty, ■ and issue to the country. The defendants were admitted to be in possession of the demanded premises. Upon the trial in the county court, the plaintiff introduced testimony, tending to show that the plaintiff’s intestate went into possession of the south part of lot No. 8, before the year 1790; that, on the 18th January, 1789, Daniel Newton conveyed to John North and Simeon North the north half of said lot, and that on the 29th…
1Opinion of the Court
The opinion of the Court was delivered by
Redfield, J.
In regard to the deed from John North to Comfort Carpenter, in the year 1794, it no doubt left North standing in the relation of tenant by sufferance to Carpenter. The testimony offered by plaintiff, to show that deed fraudulent, goes no farther than to show that North claimed it to *223have been fraudulent. The testimony, in relation to Carpenter’s arrest for forgery, is wholly inadmissible. This claim, accompanied with notorious acts of ownership, continued through a succession of years, and Carpenter asserting no claim, would be testimony…
2Cases cited1 opinion
- Greeno v. MunsonSupreme Court of Vermont · 1837
3Cited by2 opinions
- Society for the propagation of the Gospel v. Town of SharonSupreme Court of Vermont · 1856
- In Re Estate of SmilieSupreme Court of Vermont · 1977