84 Vt. 286 | Vt. | 1911
This is an action of trespass on the freehold brought by the administrator of Horace R. Plumley against Fred Z. Plumley and Ziba Plumley. The case was tried by the court and upon the facts found judgment was rendered for the defendants to recover their costs. The plaintiff excepted.
June 6, 1906, the plaintiff’s intestate was the owner of land from which a house had previously been sold. On that day
The plaintiff does not make the point that a mere license unexecuted is revoked by the death of either the licensor or the licensee. We do not discuss that question, nor in fact the questions raised by the plaintiff, for the mere fact that the plaintiff is the administrator of Horace Plumley does not give him a right to maintain trespass for injuries to real estate of which his intestate died seized, such injuries having been inflicted after the death of the intestate. That mere fact is all that here appears to maintain that right. The principle is illustrated in various ways in the cases. Lyman v. Webber, 17 Vt. 489; Hawkins v. Hewitt, 56 Vt. 430; Babbitt v. Bowen, 32 Vt. 437; Roberts’ Admr. v. Morgan, 30 Vt. 319, 328; Austin v. Bailey, 37 Vt. 219, 222.
For anything that appears in this case the plaintiff may have surrendered the possession of the real estate to the heir or heirs and so not have been entitled to maintain this action of trespass on the freehold.
Whatever presumptions the court below might have been warranted in making or whatever the presumptions which this Court might make to uphold the judgment, we make no unnecessary presumptions or inferences for the purposes of a reversal.
Under an exception to the overruling of a motion not complied with, by which motion further findings were requested, the plaintiff raises questions other than those already noticed. But these questions relate to the plaintiff’s false claim that the receipt was a forgery and to the question of damages. Therefore, in the view taken of the case, they are immaterial.
Judgment affirmed.