Legal Opinion

Fadden v. Fadden

Supreme Court of Vermont

Decided May 16, 1918PublishedCited by 1 opinion

Appeal in Chancery. Heard on bill, answers of the several defendants, and facts found by the Chancellor, in vacation after the September Term, 1917, Franklin County, Stanton, Chancellor. Decree for plaintiff. Defendants appealed. The opinion states the ease.

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Appeal in Chancery. Heard on bill, answers of the several defendants, and facts found by the Chancellor, in vacation after the September Term, 1917, Franklin County, Stanton, Chancellor. Decree for plaintiff. Defendants appealed. The opinion states the ease. Where real estate is held in the name of a married woman under a deed in common form, as in this case, or other instrument not setting apart the property to her' sole and separate use, the respective rights of herself and her husband are determined by the common law, and the husband has a freehold interest therein. In re Nelson’s Will, 70…

1Opinion of the CourtMiles, J.

This is a bill in chancery to enjoin the defendants from selling on execution the real estate of the plaintiff’s wife. The execution issued upon a judgment recovered by defendants, C. G. & "W. R. Austin, against the plaintiff’s wife, for professional services rendered for her in the adjustment of matters between herself and the plaintiff. The wife acquired title to the real estate levied upon, by regular conveyance from the plaintiff. The deed conveying the land to her was not made to her sole and separate use, and in no way limited the plaintiff’s marital rights, and he then had and still…

2Cases cited10 opinions

  1. Rowley v. ShepardsonSupreme Court of Vermont · 1910
  2. Laird v. PerrySupreme Court of Vermont · 1902
  3. Citizens' Savings Bank & Trust Co. v. JenkinsSupreme Court of Vermont · 1916
  4. Bishop v. Readsboro Chair Manufacturing Co.Supreme Court of Vermont · 1911
  5. Hubbard v. HubbardSupreme Court of Vermont · 1904

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3Cited by1 opinion

  1. Sargent v. Platt and PlattSupreme Court of Vermont · 1940

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