Lippett v. Kelley
Supreme Court of Vermont
Ejectment in the statute form, for lands in Wallingford. Plea, the general issue, and trial by jury, March term, 1873, Wheeler, J., presiding. The ouster was laid on the 1st day of June, 1871. The plaintiff introduced a copy of a deed from Oliver Warner to Jesse Lapham, dated March 31, 1838, which, it was conceded, covered the land in controversy. That deed purported to convey two separate parcels of land.
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Ejectment in the statute form, for lands in Wallingford. Plea, the general issue, and trial by jury, March term, 1873, Wheeler, J., presiding. The ouster was laid on the 1st day of June, 1871. The plaintiff introduced a copy of a deed from Oliver Warner to Jesse Lapham, dated March 31, 1838, which, it was conceded, covered the land in controversy. That deed purported to convey two separate parcels of land. The description of the first parcel commenced as follows : “ Beginning three and a half feet east of the south-west corner of the shop now occupied by Samuel Morrison,” &c. The demanded…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It was conceded on trial, that the land in controversy was embraced in the deed from Oliver Warner to Jesse Lapham, of March 31,1888. In this deed the land was described by metes and bounds, and courses and distances, and no mention was made of its having been, or then being, in the occupation of any one, or of any water privilege belonging to the same On the 3d of December, 1849, Jesse Lapham' fexecuted a deed to one Joseph Lippett, of the following described land : “ All the right, title, interest, claim, and demand I have in and unto one…
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