Atkins' v. Atkins
Supreme Court of Vermont
Ejectment. Plea, the general issue. Trial by court at the March Term, 1909, Washington County, Stanton, J., presiding. Judgment for the plaintiff to recover the seisin and possession of an undivided half of the premises described in the declaration, $4,158.84, damages, and her costs. The defendant excepted. The opinion states the case. A forfeiture may be waived by conduct of the party otherwise entitled to insist thereon, as was done by the testatrix.
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Ejectment. Plea, the general issue. Trial by court at the March Term, 1909, Washington County, Stanton, J., presiding. Judgment for the plaintiff to recover the seisin and possession of an undivided half of the premises described in the declaration, $4,158.84, damages, and her costs. The defendant excepted. The opinion states the case. A forfeiture may be waived by conduct of the party otherwise entitled to insist thereon, as was done by the testatrix. Willard v. Henry, 2 N. H. 120; Hamilton v. Elliott, 5 S. & R. 375; Andrews v. Senter, 32 Me. 394; Hubbard v. Hubbard, 97 Mass. 188; 16 Gray…
1Opinion of the CourtMunson, J.
This is an action of ejectment, brought by the plaintiff as executrix of the will of Catherine A. Atkins, a devisee under the will of Hiram Atkins late of Montpelier, to recover an undivided half of certain premises in Montpelier known as the Argus & Patriot block.-
The will of Hiram Atkins gave a life use of the testator’s share of the Argus & Patriot realty, and of the personal property used there, to George Atkins and Morris Atkins and the survivor of them, and the reversion thereof to the testator’s children or grandchildren. The will made Alfred Atkins and George Atkins trustees of…
2Cases cited11 opinions
- Henry v. TupperSupreme Court of Vermont · 1857
- Abbott v. SandersSupreme Court of Vermont · 1907
- Dunklee v. AdamsSupreme Court of Vermont · 1848
- Randall v. JosselynSupreme Court of Vermont · 1887
- Austin v. AustinSupreme Court of Vermont · 1837
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3Cited by5 opinions
- Forrester v. CookUtah Supreme Court · 1930
- Cutler Co. v. BarberSupreme Court of Vermont · 1919
- People's Bank v. AdamsSupreme Court of Vermont · 1870
- Green v. Menominee Tribe of IndiansUnited States Court of Claims · 1911
- Thompson-Starrett Co. v. PlunkettSupreme Court of Vermont · 1915