Legal Opinion

Smith v. Pierce

Supreme Court of Vermont

Decided July 1, 1892PublishedCited by 11 opinions

Bill for specific performance. Heard upon the pleadings and a master’s report at the March term, Washington county, 1892. Thompson, Chancellor, decreed that the defendants convey the real estate to the oratrix, and that she recover her costs. The defendants appeal. The opinion states the case. The writers of the letters were not competent witnesses.

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Bill for specific performance. Heard upon the pleadings and a master’s report at the March term, Washington county, 1892. Thompson, Chancellor, decreed that the defendants convey the real estate to the oratrix, and that she recover her costs. The defendants appeal. The opinion states the case. The writers of the letters were not competent witnesses. Davis, Admr., v. Windsor Savings Bank, 48 Vt. 532 > Merrill v. Penny, 43 Vt. 606; Hollister v. Young, 42 Vt. 403. The oratrix contracted to buy the real estate of the intestate, and paid for it. She is entitled to recover the purchase price and…

1Opinion of the Court

*202The opinion of the court was delivered by

ROWELL, J.

In 1879 the intestate owned and occupied a house and garden worth $500. He was old, feeble, dissipated, without wife, without children, without near relatives that he loved, without anybody'to care for him. He had a little personal property, but-owing to his secretive habits nobody knew how much, but the master thinks it did not exceed $400. Pie lived alone, and did his own cooking and housework. Plis garden afforded much of his food, and his fuel was the flood-wood that he gathered from the stream that flowed past his door. The oratrix was a…

2Cases cited3 opinions

  1. Eaton v. WhitakerSupreme Court of Connecticut · 1846
  2. Kelsey v. KelleySupreme Court of Vermont · 1890
  3. Denlar v. HileIndiana Supreme Court · 1890

3Cited by11 opinions

  1. Teske v. DittbernerNebraska Supreme Court · 1903
  2. Allen v. BrombergSupreme Court of Alabama · 1909
  3. Best v. GralappNebraska Supreme Court · 1903
  4. Page v. CaveSupreme Court of Vermont · 1920
  5. Gove v. Gove's Admr.Supreme Court of Vermont · 1914

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