Johnson v. Tilden
Supreme Court of Vermont
This was an action, of ejectment for a hundred acre lot of land, being No. 10 in the seventh range of lots in Norwich. There was a jury trial, and a verdict for the plaintiff; and' the defendant filed exceptions to several decisions of the County Court upon matters of law, which appear in a long bill of exceptions, allowed by the Judges of the County Court.
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This was an action, of ejectment for a hundred acre lot of land, being No. 10 in the seventh range of lots in Norwich. There was a jury trial, and a verdict for the plaintiff; and' the defendant filed exceptions to several decisions of the County Court upon matters of law, which appear in a long bill of exceptions, allowed by the Judges of the County Court. A principal matter of controversy was, whether' this lot No. 10 was vacant land, or had been located to any particular right. The plaintiff contended, that it was'vacant land, only as he had pitched upon it his after division to the right…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, C. J.
The Court consider, that the plaintiff made out a sufficient title to this land, if it were then *431Undivided land, and the defendant were a stranger to all title to the undivided lands in town. It is no matter whether his title extended to half, or any less quantity of the land, if it extended over the whole. That entitled him to recover the whole, and put out the defendant, and take and hold possession for himself and his cotenants in common, whoever and wherever they might be. This is clear in principle; and decision, to that effect,…
2Cited by6 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Roberts v. MorganSupreme Court of Vermont · 1858
- Trustees of Caledonia County Grammar School v. HowardSupreme Court of Vermont · 1910
- Park v. PrattSupreme Court of Vermont · 1866
- Robinson v. SherwinSupreme Court of Vermont · 1863
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