Adams v. Fullam
Supreme Court of Vermont
Ejectment for Lot No. 9 in the 9th. range of lots in Weston. Plea, general issue, and trial by jury at the December term, A. D., 1868, Barrett, J., presiding.
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Ejectment for Lot No. 9 in the 9th. range of lots in Weston. Plea, general issue, and trial by jury at the December term, A. D., 1868, Barrett, J., presiding. On trial, the plaintiff gave in evidence letters of administration upon the estate of his intestate, duly issued by the probate court for the district of Windsor, and dated February 10, 1853. Also, a quitclaim deed from Edward Simons to his intestate, Dr. Charles W. Chandler, of the demanded premises, dated April 14, 1814, duly acknowledged and recorded April 18th, 1814. Also, the depositions of John Adams, Anson Graham, and Betsey D.…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
Upon the plaintiff’s evidence, without any evidence on the part of the defense, the county court decided, as matter of law, that the plaintiff had not shown that his intestate, Chandler, had title to the land in question at his decease, but that the same was in John Adams, and thereupon directed a verdict for the defendant. If the evidence had no such tendency to show a right of recovery against the defendant as would in law justify a jury in finding a verdict for the plaintiff, the ruling of the county court was right; otherwise it was wrong.
It…
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