Edwards v. Parkhurst
Supreme Court of Vermont
Audita Querela, brought to the supreme court to set aside an execution. The case was sent to the county court for trial by jury upon the plea of the general issue. On trial the facts appeared as follows. On the twenty second of October, 1840, the defendant conveyed to Darius Spalding and Allen Spalding, by quitclaim deed, a tract of land in Roxbury, of which the plaintiff was then in'possession, claiming adversely to all others.
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Audita Querela, brought to the supreme court to set aside an execution. The case was sent to the county court for trial by jury upon the plea of the general issue. On trial the facts appeared as follows. On the twenty second of October, 1840, the defendant conveyed to Darius Spalding and Allen Spalding, by quitclaim deed, a tract of land in Roxbury, of which the plaintiff was then in'possession, claiming adversely to all others. The grantees in that deed commenced an action of ejectment against the plaintiff, in the name of Parkhurst, to recover the possession of the land, and obtained final…
1Opinion of the Court
By the Court.
The important question in this case is, whether the rights of the Spaldings, by virtue of their deed from the defendant, are of such a character, that they can be regarded in the present suit. If the question were new in this state, we think, without violence to general principles, it might be held, that the deed conveyed no interest to the Spaldings, either at law, or in equity. This would certainly be so, if the statute is to be regarded as intended to prohibit such contracts, either in express words, or by implication. For then the contract would be held as illegal, — as…
2Cited by8 opinions
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- Townsend Savings Bank v. ToddSupreme Court of Connecticut · 1879
- Gould v. CarrSupreme Court of Florida · 1894
- Danforth v. StreeterSupreme Court of Vermont · 1856
- Cheney v. CheneySupreme Court of Vermont · 1854
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