General
John Doe ex dem. Chapin vs. Scott
1 D. Chip. 41·Vermont Supreme Court·1789·VT
Smith and Knight, Js. concurred.
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Opinion
John Doe ex dem. Chapin vs. Scott.
tf a plaintiff in ejectment fail of shewing a title to the whole of the land described in his declaration, he may still recover a part in severalty or an nndivided part according to his title.
THIS was an action of ejectment for lands in Weathersfield.
It was objected, that the plaintiff had proved a title to no more than three fourths of the lands in question; that as he had demanded the whole, he had failed in his proof.
Windsor,
December, 1789.
[MAJORITY — Chipman, Ch. J.]
Chipman, Ch. J.
In ejectments, the plaintiff shall recover according to his right: if the whole be demanded, the Jury may find f6r a moiety, and it is good. 1 Bur. 326.
Smith and Knight, Js. concurred.