Peaslee v. Barney
Supreme Court of Vermont
This was a Bill of Review brought to reverse a decree of this Court, made in favour of the administrator of Udney Hay, against the administrator of Zacheus Peaslee.
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This was a Bill of Review brought to reverse a decree of this Court, made in favour of the administrator of Udney Hay, against the administrator of Zacheus Peaslee. It appeared by the record, that William Barney, administrator of Udney Hay, deceased, exhibited his bill against Zacheus Peaslee in his life time, setting forth that Udney Hay in his life time, was seised and possessed of sundry large tracts of land situate in Underhill in the County of C.hit4 tenden, and, being so seised and possessed, did, on the 21st day of January, 1804, by his deed of that date, purporting to be for the…
1Opinion of the Court
Chipman, Ch, J.
delivered the opinion of the Court.
I shall first dispose of the 3d and 5th exceptions which have been taken to the decree under review. The 3d exception is, ££ That although it is alleged in the bill that Zacheus Peaslee held the said lands in trust for the said Udney Hay, it does not appear by the bill or the decree that there was any declaration of trust in writing,” This exception we think is without foundation. It is true, it has been determined in the case of a bill for the specifick performance of a contract, required by the statute of frauds to be in writing, that unless…
2Cited by3 opinions
- Monahan v. MonahanSupreme Court of Vermont · 1904
- Gifford v. FordSupreme Court of Vermont · 1833
- Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913