E. L. B. Brooks v. Clayes
Supreme Court of Vermont
This was a qui tarn action, brought by the plaintiff, a creditor of Elwood Irish, to recover of the defendants, the penalty of the statute against fraudulent and deceitful conveyances. Plea — Not guilty.
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This was a qui tarn action, brought by the plaintiff, a creditor of Elwood Irish, to recover of the defendants, the penalty of the statute against fraudulent and deceitful conveyances. Plea — Not guilty. On the trial of this cause, in the County Court, the plaintiff, in support of the issue on his part, gave in evidence four several deeds from Elwood Irish to the defendants, of lands in Shelburne, Charlotte, Starksboro’ and Fayston, all dated Oct. 20,1833, and also, a bill of sale of sundry personal property of the same date. The plaintiff also introduced said Irish as a witness, who…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, C. J.
The present action is highly penal, as it inflicts on each of the parties offending a forfeiture of the full value of the property, attempted to be conveyed, besides making the conveyance void. Although the forfeiture is to be recovered by the person attempted tobe injured, yet it does not operate as an extinguishment of his right or debt. The statute is to receive a liberal construction, for the pulpóse of setting aside the conveyance, but to be construed strictly when it inflicts a penalty. It has been laid down that the rule of…
2Cases cited1 opinion
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
3Cited by11 opinions
- State v. Pownal Tanning Co.Supreme Court of Vermont · 1983
- Glinka v. Bank of Vermont (In Re Kelton Motors, Inc.)United States Bankruptcy Court, D. Vermont · 1991
- Guild v. PrentisSupreme Court of Vermont · 1910
- Green v. AdamsSupreme Court of Vermont · 1887
- Burnett v. WardSupreme Court of Vermont · 1869
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