Lamb v. Clark
Supreme Court of Vermont
Trover for a sum of money and two promissory notes, hereinafter described. The case was referred and the referee reported the following facts : In'February, 1851, the plaintiff and her sister Priscilla made an agreement with the defendant, their nephew, to give him all their property both real and personal, and he promised to maintain them though life and pay all their debts, including those of their brother Ross Lamb, which they had previously assumed.
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Trover for a sum of money and two promissory notes, hereinafter described. The case was referred and the referee reported the following facts : In'February, 1851, the plaintiff and her sister Priscilla made an agreement with the defendant, their nephew, to give him all their property both real and personal, and he promised to maintain them though life and pay all their debts, including those of their brother Ross Lamb, which they had previously assumed. No waitings were then made between them, but the parties intended to execute sucli as would secure their respective rights, when suitable…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question in the case is, whether from the facts found by the referee, the ownership of the property sued for, vested in the defendant.
The arrangement made between the plaintiff and her sister on one part, and the defendant on the other part, by which the latter was to have their property, both real and personal, and as a consideration for it, was to support them through life, and pay their debts, and the debts of Ross Lamb, seems not to, have been consummated in all its details.
The contract was not reduced to writing, which the…
2Cited by1 opinion
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