Lamson, Cutting & Buffum v. Sutherland
Supreme Court of Vermont
Ejectment, to recover the seizin and possession of certain lands in Manchester. The action was entered at the September term of the county court, 1834, and a final judgment was rendered for the plaintiffs, by default, in 1839. In the intermediate time, a judgment was rendered for the plaintiffs and the cause was reviewed by both defendants.
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Ejectment, to recover the seizin and possession of certain lands in Manchester. The action was entered at the September term of the county court, 1834, and a final judgment was rendered for the plaintiffs, by default, in 1839. In the intermediate time, a judgment was rendered for the plaintiffs and the cause was reviewed by both defendants. The plaintiffs claimed title to the premises as assignees of a mortgage deed from Aldridge Sutherland to Lyman Harrington, dated August 26, 1833, given to secure the payment of a note for six hundred dollars, which was due when the suit was commenced, and…
1Opinion of the Court
The opinion of the court was delivered by
Williams,Ch. J.
This cause comes before us on two exceptions ; one taken by the plaintiffs, and the other by the defendants. It appears that the plaintiffs held two mortgages against the defendant, Sutherland, on one of which the condition was broken, and the plaintiffs had a right of entry on the land. On the other, the condition was not broken, and by our statute, the defendant, Sutherland, was entitled to the possession until it was broken. The plaintiffs having recovered on the title derived from their first mortgage, the question was, whether, on…
2Cited by5 opinions
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