Wescott v. Potter
Supreme Court of Vermont
Trustee Process. The commissioner reported that one Luke Potter, principal debtor, on the 20th day of September, 1861, was carrying on Isaac Merrick’s farm under a written contract, and that said Potter was indebted to Moses McFarland, claimant, in the sum of thirty-eight dollars and fifty cents, as specified in the note attached to the assignment, and in order to secure the same, made the assignment to said McFarland. Said assignment was made on the 20th day of September.
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Trustee Process. The commissioner reported that one Luke Potter, principal debtor, on the 20th day of September, 1861, was carrying on Isaac Merrick’s farm under a written contract, and that said Potter was indebted to Moses McFarland, claimant, in the sum of thirty-eight dollars and fifty cents, as specified in the note attached to the assignment, and in order to secure the same, made the assignment to said McFarland. Said assignment was made on the 20th day of September. The notice to said Merrick was made on the 28th day of September, and given to said Merrick, by said Potter, on the 30th…
1Opinion of the Court
*274The opinion of th’e court was delivered by
Peck, J.
The question is, whether the county court erred in deciding that the fund in question belongs to the claimant, and in holding the trustee not chargeable. The writ in this case was prayed out and served October 2d, 1861. At that time the principal debtor was carrying on the farm, of Merrick, the deceased, upon shares, under a written lease or contract, which is attached to the commissioner’s report, by which the principal debtor was to carry on the farm from March 1st, 18G1, to March 1st, 18G2. Among the stipulations in the lease is one by…
2Cases cited2 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Whittle v. SkinnerSupreme Court of Vermont · 1851
3Cited by2 opinions
- Grieve v. General American Life InsuranceDistrict Court, D. Vermont · 1999
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899