Legal Opinion

Bugbee v. Bemis

Supreme Court of Vermont

Decided October 15, 1877PublishedCited by 7 opinions

Ejectment. Plea, the general issue, and trial by the court, at the December Term, 1876, Caledonia County, Ross, J., presiding. The plaintiff purchased and took a deed of the demanded premises on November 18, 1873. They were then under lease for three years from October 15, then last past, at a rent of $3 per month, to one Gibbs, who then, and at the time of trial, was in occupation thereof.

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Ejectment. Plea, the general issue, and trial by the court, at the December Term, 1876, Caledonia County, Ross, J., presiding. The plaintiff purchased and took a deed of the demanded premises on November 18, 1873. They were then under lease for three years from October 15, then last past, at a rent of $3 per month, to one Gibbs, who then, and at the time of trial, was in occupation thereof. On November 15, 1872, the plaintiff’s husband died, and loft property out of which she was entitled to homestead and dower. About the time of the purchase of the premises in question, she sold her…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The plaintiff sold some real estate, including her homestead, for $1025, and. purchased the house and lot in question, and paid therefor towards such purchase out of the avails of said sale, $150. The premises were then subject to a lease for three years to one Gibbs, who was then and at the time of trial in the occupancy of the same under said lease. The defendant claims by virtue of a levy and set-off on execution, which are conceded to be regular. Were the premises at the time exempt from such levy as the plaintiff’s homestead? Under the…

2Cases cited2 opinions

  1. West River Bank v. GaleSupreme Court of Vermont · 1869
  2. Davis v. AndrewsSupreme Court of Vermont · 1858

3Cited by7 opinions

  1. Drucker v. RosensteinSupreme Court of Florida · 1882
  2. In Re BrentUnited States Bankruptcy Court, D. Vermont · 1987
  3. Mercier v. PartlowSupreme Court of Vermont · 1988
  4. Thorp v. ThorpSupreme Court of Vermont · 1897
  5. Currier v. WoodwardSupreme Court of New Hampshire · 1882

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