Doolittle v. Peck

Decided July 1, 1820

Supreme Court of Vermont · decided 1820-07-01

THIS was an action of Ejectment, for a tract of land in Brid-port, as part of lot 28 in the third division, drawn to the original right of Nathan Green. On the trial at July term 1819, it was admitted, that the plaintiff was legally seized of lot No. 28, and that the defendant was likewise seized of lot No. 29, an adjoin* ing lot, and that defendant was in possession of the premises in question.

Decided 1820-07-01

Bqt by tho Court,

¶1the decision of the Judge is confirmed ' The plaintiff and defendant were not tenants in common, each was seized of his lot in severalty, both lots were surveyed by actual lines into one tract, so that the land included in those bounds, was all the land belonging to both lots, no division line yvas, in fact, rpn between lots No. 2g and 29 ; the only question was, where this line ought; tq run : It must be run so as to divide the lots equally.

¶2Motion dismissed and Judgment rendered on the Verdict.