D'Apremont v. Berry

The judgment of the court (Preston, J., not sitting in the case, having been of counsel) was pronounced by

Rost, J.

The plaintiff claims some town property bequeathed to her by her sister, the late wife of the defendant. The defendant claims one-half of the value of the improvements made on the property during the existence of the marriage, and as he alleges with the funds of the community.

After issue joined, Jesse Cowand, a judgment creditor of Berry, caused the rights and claims of the said Berry in the suit to be sold under execution, and purchased them for the sum of $105. He then…