Smith v. Smith
Supreme Court of Vermont
This was an action of book account. Judgment to .account having been rendered by the county court, auditors were appointed who afterwards reported, in substance, as follows:— In the beginning of the winter of 1827-8, the plaintiff, who is the defendant’s father, entered into a verbal agreement with the defendant, who had then just arrived of full age, to live with, take care of, and support him and his wife during their lives, and their children until they were of a suitable…
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This was an action of book account. Judgment to .account having been rendered by the county court, auditors were appointed who afterwards reported, in substance, as follows:— In the beginning of the winter of 1827-8, the plaintiff, who is the defendant’s father, entered into a verbal agreement with the defendant, who had then just arrived of full age, to live with, take care of, and support him and his wife during their lives, and their children until they were of a suitable age to be put out to learn trades, and that defendant should have all the plaintiff’s property, real and personal, and…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The personal property, for which the plaintiff seeks to recover in this action, went into the possession of the defendant under the contract, and also the real estate, upon which the defendant made improvements, though it has never been conveyed to him. The defendant fulfilled the contract about thirteen years, as the auditors find, in good faith and family harmony. The father now seeks to recover, in the action on book, for the use and occupation of the land, for the personal property which passed to the son under the contract, and for the…
2Cited by6 opinions
- Montgomery v. EdwardsSupreme Court of Vermont · 1873
- Cobb v. HallSupreme Court of Vermont · 1857
- Taplin v. Hinckley Fibre Co.Supreme Court of Vermont · 1923
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Adams v. SmilieSupreme Court of Vermont · 1877
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