1 D. Chip. 115
Decided June 15, 1797
Supreme Court of Vermont · decided 1797-06-15
THIS was an action on the case. The plaintiff stated in his declaration, that the defendant had sold and conveyed to the plaintiff, by deed dated the-day of-, a certain lot of land in the South Hero, being Lot No.-laid to the original right of A. B. containing sixty acres, which deed contained a covenant of warran-' ty. — That afterwards, Stephen Pearl, before the County Court-for the County of Chittenden at the term of said Court holden on the -day of- — , recovered a…
Decided 1797-06-15
¶1The recovery in ejeetment is the substance of the consideration, and can be proved by the record only. It comes within the established rule, that the best evidence ~vhich the nature of the case will admit must be produced. Indeed, this rule embra. ces every case, where a party would for any purpose prove the re~ eove~y of a judgment.
¶2The cause was continued on terms.