Dunklee v. Adams
Supreme Court of Vermont
In Chancery. Appeal from the court of chancery. On the fourteenth day of October, 1837, the intestate, Timothy Olcott, conveyed to the orator, Dunklee, in fee, a farm in Chester, together with certain stock and farming tools, for a consideration of about $800, which was appropriated to the payment of Olcott’s debts; and Dunklee on the same day executed to Olcott a lease of the farm, for the term of the natural lives of Olcott and his wife, and the survivor of them, subject…
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In Chancery. Appeal from the court of chancery. On the fourteenth day of October, 1837, the intestate, Timothy Olcott, conveyed to the orator, Dunklee, in fee, a farm in Chester, together with certain stock and farming tools, for a consideration of about $800, which was appropriated to the payment of Olcott’s debts; and Dunklee on the same day executed to Olcott a lease of the farm, for the term of the natural lives of Olcott and his wife, and the survivor of them, subject to the occupancy of the same by Dunklee, for the purpose of enabling him to furnish certain articles and render certain…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The first question made in this case is, whether the breach of covenant, for which the forfeiture was declared in the court of law, was of such a character, as to admit of relief, upon principles by which courts of equity are governed.
The English court of chancery seems to have assumed the jurisdiction, at an early day, of granting relief against penalties and forfeitures. The ground of the jurisdiction was, that the penalty, or forfeiture, was designed as a mere security for the performance of something else, and that the performance of the…
2Cases cited3 opinions
- Austin v. AustinSupreme Court of Vermont · 1837
- Adams v. DunkleeSupreme Court of Vermont · 1847
- Olcott v. DunkleeSupreme Court of Vermont · 1844
3Cited by13 opinions
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- Henry v. TupperSupreme Court of Vermont · 1857
- Fort Orange Barbering Co. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- Joslyn v. OrindaSupreme Court of Vermont · 1881
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