Patch v. Keeler

Citations

• 27 Vt. 252

Syllabus

<p>The commissioners to set out the dower of the widow of E. W. returned that they had set out to her u two stalls at the southwest corner of the horse barn, and twelve feet square {{over said stalls for hay; also threo west rows of apple-trees on the west side of the or- “ chard, running north and south iu tho centre between the third and fourth rows.” In reference to the stalls, &c., it was held, that that the proceedings of the commissioners were not void for uncertainty; and that an action of ejectment would lie to recover the possession of the premises described.</p> <p>In reference to the three rows of apple-trees, it was held, that the territory upon which they stood and all west of a line running north and south between tho third and fourth rows was set out, and not simply a right to take and use the fruit from the trees.</p> <p>If the grantor in an absolute deed is permitted by the grantee to remain in possession of tho granted premises, he becomes his quasi tenant, and both may be joined as defendants in an action of ejectment brought by a third person claiming to own the premises.</p>