Soule v. Wilson
Supreme Court of Vermont
In an action founded upon the judgment of the probate c urt accepting the report of the commissioners on the estate of the plaintiff’s testator, wherein a balance was found due the estate, the defendants cannot plead in offset any item of claim that accrued to him during the lifetime of the testator. This was an action of debt on judgment of the probate court. The defendants pleaded in offset, to which the plaintiff replied.
Read the full summary
In an action founded upon the judgment of the probate c urt accepting the report of the commissioners on the estate of the plaintiff’s testator, wherein a balance was found due the estate, the defendants cannot plead in offset any item of claim that accrued to him during the lifetime of the testator. This was an action of debt on judgment of the probate court. The defendants pleaded in offset, to which the plaintiff replied. To the second replication of the plaintiff the defendants demurred generally. The court fro forma, overruled the demurrer and adjudged the replication sufficient, and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield J.
This action is founded upon the judgment of the probate court, accepting the report' of the commissioners on the estate of the plaintiff’s testator, wherein a balance was found due the estate.-
The defendants hare pleaded in offset, that the intestate was indebted to them in his lifetime ; and in the third plea have averred, that plaintiff, as executor, is indebted to them for divers sums of money paid him. The plaintiff replies the proceedings of the commissioners and judgment of the probate court in bar of the defendants’ claim. The…
2Cases cited1 opinion
- Ewing v. GriswoldSupreme Court of Vermont · 1871
3Cited by3 opinions
- Carpenter v. MurpheyWisconsin Supreme Court · 1883
- Sabin v. KeltonSupreme Court of Vermont · 1881
- Martin v. WhiteSupreme Court of Vermont · 1886