Dorwin v. Smith
Supreme Court of Vermont
Indebitatus Assumpsit for money paid. The facts of the case and the rulings of the court below are stated in the opinion of the court. The case was tried by jury at the April Term, 1861, Piebpoint, J., presiding. The defendant excepted to the charge of the court. The jury rendered a verdict for the plaintiff.
1Opinion of the CourtKellogg, J.
The plaintiff’s evidence on trial tended to show that, prior to 1851, he and the defendant severally had levied executions, each in his own right and neither having any interest in that of the other, upon distinct but adjoining parcels of land in Hinesburg, which had, before such levies, been conveyed by one Boynton, the debtor in said executions, by a deed of conveyance to one Lyman Dorwin; that Lyman Dorwin had died, and that Noble L. Partch was the administrator of his estate, and, as such administrator, was in possession of the lands so levied on ; that it was claimed by the plaintiff and…
2Cases cited3 opinions
- Goodspeed v. FullerSupreme Judicial Court of Maine · 1858
- Danforth v. StreeterSupreme Court of Vermont · 1856
- Hodges v. ParkerSupreme Court of Vermont · 1845
3Cited by11 opinions
- Brown v. BignéOregon Supreme Court · 1891
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Davies v. StowellWisconsin Supreme Court · 1890
- Hamilton v. GraySupreme Court of Vermont · 1894
- Lott v. KeesSupreme Court of Alabama · 1964
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