27 Vt. 589 | Vt. | 1855
The opinion of the court was delivered by
We think the defendant may fairly be regarded as having the same equity in these premises under the contract B as under the contract A. The only objection urged
This is altogether matter of fact, and, unless all the testimony is detailed, and we could thus see that it had no tendency to show a mortgage, we could not revise this finding of the county court on an issue of fact, as we could the finding of the court of chancery, upon such a question, when the matter comes into this court upon appeal.
II. In regard to the extent of this remedy, it is obvious to us that neither the fifteenth section, which expressly limits the remedy to a written lease and a demand in writing, after the determination of the lease, for the surrender of the premises, or the twenty-third or thirtyeth section which only extend to the lessee of any lands ”— “ or the person holding under such lessee ” could have any just
The sections above alluded to' are the only ones relied upon in the argument as sustaining the present proceeding, and the only ones giving such a proceeding, I think, before one justice, which this was.
And we are satisfied it was not the purpose of the statute to give this summary remedy against one in possession of lands, unless all title and right in him, both legal and equitable, had ceased, or indeed unless he were a technical lessee and nothing more, his term having expired.
Whether the original provisions of this act against forcible entry and detainer afford any redress in such case is not now before us. That is a proceeding before one justice and a judge of the county court, wholly unlike the present.
Judgment affirmed.