Downs v. Downs' Exr.
Supreme Court of Vermont
Appeal in Chancery. Heard on defendant’s demurrer, at the June Term, 1902, Bennington County, Tyler, Chancellor. The bill sets forth a trust in that Mjatilda E-, becoming possessed of money, placed the same in the hands of her husband for care and investment. The claim' is purely equitable, and it could not have been allowed by commissioners.
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Appeal in Chancery. Heard on defendant’s demurrer, at the June Term, 1902, Bennington County, Tyler, Chancellor. The bill sets forth a trust in that Mjatilda E-, becoming possessed of money, placed the same in the hands of her husband for care and investment. The claim' is purely equitable, and it could not have been allowed by commissioners. Spar-hawk v. Buell, 9 Vt. 74; Herrick v. Belknap, 27 Vt. 674; Brown v. Sumner, 31 Vt. 671. The orator’s remedy is not in this Court, since there is another tribunal before which the claim can be adjudicated. Pomeroy Eq. Jur. s. 178; Currier v. Rosebrook,…
1Opinion of the CourtStart, J.
The suit is in chancery, and is for the recovery of money alleged to have been held by Elijah Downs, in trust for his wife, Matilda E. Downs, who deceased before the bringing of the bill. The fact that the money sought to- be recovered was held in trust is the only ground upon which it is claimed that the Court of Chancery has jurisdiction. It has been held by this Court that money thus held may be recovered by an action at law. Parker v. Parker, 69 Vt. 352, 37 Atl. 712; Lynde v. Davenport, 57 Vt. 597; Atkins’ Est. v. Atkins’ Est., 69 Vt. 270, 37 Atl. 746; Spaulding v. Warner’s Est., 52 Vt.…
2Cases cited8 opinions
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Lynde v. DavenportSupreme Court of Vermont · 1885
- Albee v. ColeSupreme Court of Vermont · 1866
- Davis v. EastmanSupreme Court of Vermont · 1894
- Parker v. ParkerSupreme Court of Vermont · 1897
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3Cited by2 opinions
- Dieter v. ScottSupreme Court of Vermont · 1939
- Clark v. Peck's Exrs.Supreme Court of Vermont · 1906