Flagg v. Eames
Supreme Court of Vermont
Ejectment to recover certain lands in Halifax. Plea, the general issue. The case was submitted to the court upon a statement of facts agreed to by the parties.
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Ejectment to recover certain lands in Halifax. Plea, the general issue. The case was submitted to the court upon a statement of facts agreed to by the parties. It appeared from this statement that both parties claimed to have derived title from a common source, to wit, from one Samuel Tyler, who was on the 26th day of February, 1835, the owner in fee of the lands described in the plaintiff’s declaration, and other lands in Halifax adjacent; that Samuel Tyler and Nancy Tyler, on the said 26th day of February, 1835, in anticipation of subsequent intermarriage, made and executed an ante-nuptial…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
On the 26th February, 1835, Samuel Tyler conveyed by a deed of warranty certain lands in Halifax, being the lands for which this action is brought, to Nancy Tyler, the plaintiff’s intestate ; and the right of the plaintiff as her legal representative to maintain this action depends on the construction which may be given to this deed. The parties to the deed had previously been united in the bonds of matrimony, but had been, a few days prior to the execution of the deed, divorced by a decree of this court, and were then intending again to…
2Cases cited2 opinions
- State v. TraskSupreme Court of Vermont · 1834
- M. Noyes & Co. v. NicholsSupreme Court of Vermont · 1855
3Cited by29 opinions
- Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
- Smith v. SmithMichigan Supreme Court · 1888
- West Yellow Pine Co. v. SinclairSupreme Court of Florida · 1922
- Harder v. MatthewsIllinois Supreme Court · 1923
- Carson v. McCaslinIndiana Supreme Court · 1878
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