Burgess v. Gates
Supreme Court of Vermont
In Chancery. Appeal from the court of chancery. The orator had recovered judgment against the defendant’s testator, in an action of ejectment, in New Hampshire, for the seizin and possession of land situated in that state, the testator having his residence at the time, and until his decease, in Vermont.
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In Chancery. Appeal from the court of chancery. The orator had recovered judgment against the defendant’s testator, in an action of ejectment, in New Hampshire, for the seizin and possession of land situated in that state, the testator having his residence at the time, and until his decease, in Vermont. The testator claimed title to the land by virtue of a deed, absolute in form, but intended to secure a debt due from the grantor to the testator; and the orator recovered in the ejectment by virtue of the title acquired by him by levy upon the land, as the property of the grantor, subsequent…
1Opinion of the Court
*329The opinion of the court was delivered by
Red field, J.
There seem to us to be three difficulties, or doubts, in regard to maintaining the present suit; — 1. Whether the right of action survives, so that, had it been presented in proper time, it could have been allowed by the commissioners? 2. If that be so, whether chancery has any appropriate jurisdiction in the case? 3. Whether the whole matter is not barred by the omission to present it before the commissioners ?
I. In regard to thé first point, it seems very clear to me, that, during the life time of the parties, such a claim as the present…
2Cited by1 opinion
- Dickey v. CorlissSupreme Court of Vermont · 1868