Canfield v. Hard
Supreme Court of Vermont
Ejectment. Plea, general issue. Trial by jury, June Term, 1883, Bennington County, Yeazey, J., presiding. Judgment on verdict for the defendant.
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Ejectment. Plea, general issue. Trial by jury, June Term, 1883, Bennington County, Yeazey, J., presiding. Judgment on verdict for the defendant. The plaintiff’s evidence tended to show that Levine Hard mortgaged his farm to him and his brother in 1871, and also, a few days later, to one Montgomery; that said Montgomery foreclosed his mortgage, and on July 21, 1879, conveyed the premises to the plaintiff; that pending said foreclosure proceedings, said Levine conveyed said farm to Mary Houston; that in April, 1880, the plaintiff rented the demanded premises to the defendant for one year, and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff placed his right to recover the demanded premises upon the fact that he held the record title.
The defence rested upon three grounds; that the defendant was in adverse possession of the premises, claiming to own them when the plaintiff took his deed thereof; that he had acquired a possessory title thereto by fifteen years of con tinuous, open, adverse possession, under a claim of ownership; and that, if he had not acquired such title, he went into the occupation of the premises under such circumstances that an equitable interest…
2Cases cited2 opinions
- Morgan v. StearnsSupreme Court of Vermont · 1868
- of Doane v. DoaneSupreme Court of Vermont · 1874
3Cited by17 opinions
- Quinn v. ValiquetteSupreme Court of Vermont · 1908
- Russell v. PareSupreme Court of Vermont · 1974
- Simons v. Inyo Cerro Gordo Mining & Power Co.California Court of Appeal · 1920
- Teal v. Scandinavian-American BankSupreme Court of Minnesota · 1911
- Thorp v. ThorpSupreme Court of Vermont · 1897
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