Kirby v. Mayo

Decided January 15, 1841

Supreme Court of Vermont · decided 1841-01-15

Ejectment, to recover the seizin and possession of the undivided half of five acre lot number eighty-six, in Burlington. Plea, not guilt, and trial by the court. On the trial in the county court, the plaintiff gave in evi-, deuce, a deed from James Sawyer to Brett & Bunn and to the plaintiff, of certain lands in Burlington, including the land in question.

Cited by 2 later decisions — most recently January 1923

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-01-15

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¶1The opinion of the court was delivered by

Williams, Ch. J.

¶2It appears that the issue in this case was tried by the court, and any facts which they may have *106found cannot be a subject of inquiry here, on exceptions. There was evidence in this case from which a jury might have inferred an adverse possession of the defendant, and an ouster of the plaintiff.

¶3The p0ssessj0n 0f a tenant in common, as well as that of a tenant at will, may become adverse, so that his co-teiiants, or the landlord, may treat him as a trespasser, and maintain an action against him as such ; and as the court, on the evidence, may have found such ouster and adverse possession, their judgment cannot be reversed. As the case is presented, we are all agreed that the judgment be affirmed.