Legal Opinion

Administrator of Martin v. Martin

Supreme Court of Vermont

Decided January 15, 1828PublishedCited by 7 opinions

There was a jury trial in this cause, and a verdict for the defendant, and the following exceptions were taken to the decision of the court rejecting testimony offered by the plaintiff, and the cause was argued this term upon the said exceptions. “ This was an action of ejectment to recover the seizen and pos- “ session of certain lands in the town of Huntington, to \yhich the “ defendant pleaded the general is“sue, as by the writ and pleadings “ will appear.

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There was a jury trial in this cause, and a verdict for the defendant, and the following exceptions were taken to the decision of the court rejecting testimony offered by the plaintiff, and the cause was argued this term upon the said exceptions. “ This was an action of ejectment to recover the seizen and pos- “ session of certain lands in the town of Huntington, to \yhich the “ defendant pleaded the general is“sue, as by the writ and pleadings “ will appear. It was admitted'that the plaintiff was the administrator of the said John Martin. “ The plaintiff then offered to prove, that the said…

1Opinion of the CourtHuthinson, J.

The only question presented in this case is, whether the court decided correctly in excluding the testimony offered by the plaintiff, to prove that the deed from the intestate sét up by the defendant, was executed for the fraudulent purpose of defeating his creditors in the collection of their debts ? If this were admissible at all, it would not avail as against the defendant, unless accompanied with testimony to show him conusant of the fraud before or at the time of his purchase. This is urged as a point in the defendant’s brief, and has been so long and so repeatedly decided as not to be…

2Cited by7 opinions

  1. Becker v. BeckerSupreme Court of Vermont · 1980
  2. McLane v. JohnsonSupreme Court of Vermont · 1870
  3. Crawford's Administrator v. LehrSupreme Court of Kansas · 1878
  4. Harrington v. GageSupreme Court of Vermont · 1834
  5. McEwen v. B. P. Shannon & Co.Supreme Court of Vermont · 1892

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