Downer v. Marsh
Supreme Court of Vermont
Trustee Process. The trustee, among other things, disclosed that on the 18th of April, 1853, he purchased a farm of the principal defendant, towards the consideration of which he executed and delivered to the principal defendant his note for $215. Solomon Downer claimed to be the owner of this note, and, upon a trial by the court, in reference to his claim, at the May Term, 1855, — Underwood, J., presiding, — it appeared that at the time said farm was sold and the deed of…
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Trustee Process. The trustee, among other things, disclosed that on the 18th of April, 1853, he purchased a farm of the principal defendant, towards the consideration of which he executed and delivered to the principal defendant his note for $215. Solomon Downer claimed to be the owner of this note, and, upon a trial by the court, in reference to his claim, at the May Term, 1855, — Underwood, J., presiding, — it appeared that at the time said farm was sold and the deed of the same executed and delivered, which was in the afternoon of the 18th of April, the defendant Marsh, the trustee Tucker…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The only question in this case is, whether the plaintiff or the claimant is entitled to the note in question. As we intimated, during the argument, this will depend upon the legal effect of what passed between the parties, before the service of the trustee process; whether it was sufficient to vest the title in the claimant, and affect the trustee with legal notice of his title.
It was a part of the price of a farm, sold by Marsh to Tucker. At the time of the conveyance, Marsh, Tucker and the claimant, were present. It was supposed Marsh…
2Cited by4 opinions
- Hutchins v. WattsSupreme Court of Vermont · 1862
- Webster v. MoranvilleSupreme Court of Vermont · 1858
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
- Farmers' & Mechanics' Bank v. DrurySupreme Court of Vermont · 1863