Legal Opinion

State v. Heaphy

Supreme Court of Vermont

Decided January 9, 1915PublishedCited by 2 opinions

Ejectment. Heard in vacation after the March Term, 1914, Washington County, by Slack, J., on plaintiff’s demurrer to defendant’s special pleas in bar. Demurrers sustained and pleas adjudged insufficient. The defendant excepted. The opinion states the ease.

1Opinion of the Court

Powers; C.' J.

To this action of ejectment the defendant pleaded two special pleas in bar, to which the plaintiff demurred. The pleas were adjudged insufficient, and the case comes here on the defendant’s exceptions and before trial.

The defendant argues that the declaration so insufficiently describes the land in question that it cannot stand before the demurrer, when the latter reaches back under the familiar rule of pleading. This description is as follows: “Beginning at a ■granite marker in the northerly line of State Street, near the southwest corner of the Pavilion Hotel; thence in a…

2Cases cited8 opinions

  1. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  2. Colvin v. BurnetNew York Supreme Court · 1837
  3. Railsback v. WalkeIndiana Supreme Court · 1882
  4. Boynton v. HuntSupreme Court of Vermont · 1914
  5. Davis v. JudgeSupreme Court of Vermont · 1872

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Stevens v. BloodSupreme Court of Vermont · 1916
  2. Cleveland v. RandSupreme Court of Vermont · 1916

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