Russell v. Davis
Supreme Court of Vermont
Trustee Process. Heard upon the report of a commissioner at the March Term, 1896, Rutland County, Taft, J., presiding. Judgment that the claimant is entitled to the funds, with costs, and that the trustee be discharged with costs. The report disclosed the following facts.
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Trustee Process. Heard upon the report of a commissioner at the March Term, 1896, Rutland County, Taft, J., presiding. Judgment that the claimant is entitled to the funds, with costs, and that the trustee be discharged with costs. The report disclosed the following facts. August 14, 1894, the defendant, in common with his mother, Elizabeth Davis, owned real estate which, on that date, they conveyed for the price of one thousand dollars; in which price the mother’s share was three hundred dollars. About September 27, 1894, the defendant received, as part payment from the purchaser, three…
1Opinion of the CourtThompson, J.
If the judgment of the county court can fairly be sustained by any inference of fact it might have drawn from the commissioner’s report, it is to be presumed in this court, that the county court based its judgment on such inference. Emery v. Tichout, 13 Vt. 15; Stone v. Foster, 16 Vt. 546; Birchard v. Palmer, 18 Vt. 203; Wills v. Judd, 26 Vt. 617; Pratt v. Page, 32 Vt. 13.
From the facts reported, the county court might well draw the inference that the three hundred dollars invested in the John J. Norton mortgage was set apart by the defendant and his mother, Elizabeth Davis, as her share of…
2Cases cited5 opinions
- Pratt v. PageSupreme Court of Vermont · 1859
- Emery v. TichoutSupreme Court of Vermont · 1841
- Birchard & Moulton v. PalmerSupreme Court of Vermont · 1846
- Stone v. FosterSupreme Court of Vermont · 1844
- Wills & Fairbanks v. JuddSupreme Court of Vermont · 1854
3Cited by4 opinions
- Barber v. BaileySupreme Court of Vermont · 1912
- Wolcott v. MongeonSupreme Court of Vermont · 1914
- Sowles v. Village of St. AlbansSupreme Court of Vermont · 1899
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912