Hoyt v. Swift
Supreme Court of Vermont
Thustee process. It appeared from the disclosures of the trustees, and the testimony introduced before the county court, that John Bali, father of the principal debtor, died previous to 1830, leaving five children, viz. John Ball, the principal debtor, Abigail W. Ball, Hannah P. Ball, George W. Ball, and Lydia. Ball, heirs to his estate, who were all minors.
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Thustee process. It appeared from the disclosures of the trustees, and the testimony introduced before the county court, that John Bali, father of the principal debtor, died previous to 1830, leaving five children, viz. John Ball, the principal debtor, Abigail W. Ball, Hannah P. Ball, George W. Ball, and Lydia. Ball, heirs to his estate, who were all minors. Eunice Bail, the widow of the intestate, was appointed administratrix of the estate of her husband, and also guardian of said minor children. She made application to the probate court for a division of the estate among the heirs, and a…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
Our trustee process is but the attachment of debts ; choses in action, instead of choses in possession, or in common with them. They must be such debts as the defendant can enforce in his own name. I speak not now of an action by a creditor, claiming from a fraudulent purchaser, provided for by a recent statute. When the trustee is pursued for a debt, he must be an actual debtor by a debt now due, or solvendum in futuro. This was fully decided in Sargent v. Leeland, 2 Vt. R. 280. Hutchins v. Hawley et al. 9 Vt. R. 295, and in Hitchcock v.…
2Cited by9 opinions
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- Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
- Robbins v. PackardSupreme Court of Vermont · 1859
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