Dwight v. Eastman
Supreme Court of Vermont
Ejectment for certain lands in the towns of Strafford and 'Thetford in the county of Orange. Heard upon referee’s report at the December Term, 1889, Roweix, J., presiding. Judgment for the plaintiff for the possession of the demanded premises, one cent damages and costs. Exceptions by the defendants. It was conceded that the defendants were in possession of the premises and had ousted the plaintiff therefrom.
Read the full summary
Ejectment for certain lands in the towns of Strafford and 'Thetford in the county of Orange. Heard upon referee’s report at the December Term, 1889, Roweix, J., presiding. Judgment for the plaintiff for the possession of the demanded premises, one cent damages and costs. Exceptions by the defendants. It was conceded that the defendants were in possession of the premises and had ousted the plaintiff therefrom. It was further •conceded that the defendants had no title to fifty-seven acres of .•said premises, and that in respect of that parcel the plaintiff was entitled to judgment. The…
1Opinion of the Court
The opinion of the court w'as delivered by
Ross, J.
This action is ejectment. To maintain i.t, there-must be both a right of possession in the plaintiff, and a wrongful possession by the defendants amounting to a disseisin of the-plaintiff. Campbell v. Bateman, 2 Aik. 177; Chamberlin v. Donahue, 41 Vt. 306. The defendants are in possession. The question is wdiether the plaintiff has the legal right to the possession of the premises, against the defendants, except the 5T acres conveyed by Jonathan Eastman to John J. Eastman,, to which the defendants admit they have no title. To the remainder of…
2Cases cited4 opinions
- McCloskey v. GleasonSupreme Court of Vermont · 1883
- Richardson v. PaigeSupreme Court of Vermont · 1882
- Campbell v. BatemanSupreme Court of Vermont · 1827
- Chamberlin v. DonahueSupreme Court of Vermont · 1868
3Cited by2 opinions
- Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
- Dartmouth Savings Bank v. Estate of Schoen Ex Rel. AinsworthSupreme Court of Vermont · 1971