Rider v. Alexander
Supreme Court of Vermont
THIS was an action of ejectment for a farm of land in Dummerston in the County of Windham. On trial to the jury, upon the general issue, the counsel for the plaintiff, stated, that, to support' the plaintiff’s right to recover in this action, they should first shew a title to the premises in Silas Taft, and then, a judgment in favor of the present plaintiff, Rider, against Silas Taft, recovered before the County Court, for the County of Windham, June term, 1810, for the sum…
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THIS was an action of ejectment for a farm of land in Dummerston in the County of Windham. On trial to the jury, upon the general issue, the counsel for the plaintiff, stated, that, to support' the plaintiff’s right to recover in this action, they should first shew a title to the premises in Silas Taft, and then, a judgment in favor of the present plaintiff, Rider, against Silas Taft, recovered before the County Court, for the County of Windham, June term, 1810, for the sum of ‡291,83 cents, an execution upon that judgment; and a levy of that execution upon the premises, as the property of…
1Opinion of the Court
The opinion of the Court was delivered by
Chifman, Ch. J.
There appears to have been too little atten*273iron paid to the regular mode of proceeding, in the case of Rider, the present plaintiff against Taft and the trustee Barnes, in the County Court. The mode of proceeding, pointed out in the trustee act, is very plain : the statute provides, that unless it shall appear that personal notice has been given, both to the trustee and principal debtor, the cause shall be continued; and before the plaintiff can obtain judgment against the principal debtor, notice must be given, in the same manner, as is…
2Cited by3 opinions
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- Hammond & Draper v. Wilder & LockeSupreme Court of Vermont · 1853
- Bittman, Taylor & Co. v. MizeSupreme Court of Kansas · 1891