Edgell v. Lowell
Supreme Court of Vermont
This was an action of ejectment for certain land in Lyndon. Plea, the general issue. The plaintiff claimed title to the premises demanded by virtue of a levy of an execution in his favor against one Micajah M. Lowell, which was admitted to be regular, and sufficient to entitle the plaintiff to recover, unless he was defeated by a deed, executed some time previous to the levy, by the said Micajah M. Lowell to the defendant, Gideon Lowell.
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This was an action of ejectment for certain land in Lyndon. Plea, the general issue. The plaintiff claimed title to the premises demanded by virtue of a levy of an execution in his favor against one Micajah M. Lowell, which was admitted to be regular, and sufficient to entitle the plaintiff to recover, unless he was defeated by a deed, executed some time previous to the levy, by the said Micajah M. Lowell to the defendant, Gideon Lowell. The defendant, Bennett, was in possession of the premises as tenant of said Gideon. At the trial in the county court, the defendant offered to…
1Opinion of the Court
Baylies, J.,
delivered the opinion of the Court. — As to Mor-rill’s deposition, it appears that the justice of the peace, after duly notifying the plaintiff to attend at a certain time and place to the taking of this deposition, did, on account of the sickness of the witness, adjourn the taking to another time, at the same place, of which adjournment the plaintiff’s agent had verbal notice given him by the justice, and this notice was communicated to the plaintiff, as set forth in the bill of exceptions. We are inclined to the opinion, that the justice of the peace had power to adjourn the…
2Cited by7 opinions
- E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898
- Root v. ReynoldsSupreme Court of Vermont · 1859
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Colgate v. HillSupreme Court of Vermont · 1847
- Fuller v. SearsSupreme Court of Vermont · 1833
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