Public-domain · open source
OpenJurist

1 Vt. 80

Tuttle v. Reynolds

Supreme Court of Vermont

Decided January 15, 1828

Supreme Court of Vermont · decided 1828-01-15

This was an action of ejectment brought to recover the seizen and possession of a lot of land in Essex.

Good law ✅— No negative treatment on recordhow we know

Decided 1828-01-15

How this case has been cited

Cited by 3 later decisions — most recently February 1892

3 state decisions

1018281830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Turner, J.

¶1delivered the opinion of the court. It is a clear principle of law that a tenant cannot dispute the tide of his landlord. The evidence offered admits that Reynolds went into the occupation of the land in question, as a tenant of Catlin. Nor is it competent for the defendant .to dispute the tittle of Catlin’s grantee. It is immaterial, as to him, whether Catlin and Tuttle had a legal tide or not. For his occupation of the land under Cat-*81Un is an admission of tide, which he is forever precluded from retracting. After the transfer to Tuttle, the defendant should have attorned to him or surrendered the possession. And after refusitig to do either, and after disclaiming to hold under Cailin, notice to quit was unnecessary on the part of Catlin or his grantee. — Bul. N. P. 96. From these principles it results that the evidence should have been admitted. New trial granted.

Van JYess, for the plaintiff.Balley\ for tile defendant.
/1/vt/80 · .json · Public domain