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2 Tyl. 418

Same v. Graham

Supreme Court of Vermont

Decided February 15, 1803

Supreme Court of Vermont · decided 1803-02-15

<p>In case on the statute to recover the mesne profits of land levied upon defendant by execution, the defendant is not estopped from showing that he had no title to or interest in the land.</p>

Decided 1803-02-15

Sed per Curiam.

¶1The mortgage deed cannot bear on the present issue. If one of the plaintiffs has a conditional estate on the land by mortgage, he will be secured in his rights by application to the Court of Chancery, and by a decree can obtain the sum for which the land is pledged, or on non-redemption render his estate absolute. The deed cannot be admitted.

¶2The plaintiffs had leave to enter a nonsuit.

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