2011 Vermont Code
Title 12 Court Procedure
Chapter 179 PARTITION OF REAL ESTATE
§ 5170 When defendant prevails in whole or in part
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TITLE 12
Court Procedure
PART IX
Particular Proceedings
CHAPTER 179. PARTITION OF REAL ESTATE
§ 5170. When defendant prevails in whole or in part
When, on trial, it is determined that the plaintiff has no right or share in the estate claimed, or that he holds a smaller share than alleged in his complaint, the adverse party shall recover against him reasonable costs. If the plaintiff holds a smaller share than claimed in his complaint, the judgment shall be that partition of the estate be made according to the title of the respective owners. (Amended 1971, No. 185 (Adj. Sess.), { 151, eff. March 29, 1972.)
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