Onion v. Clark
Supreme Court of Vermont
Petition for partition. The petitioner alleged, that he acquired title to the estate, described in his petition by virtue of an attachment and the levy of an execution, in his favor, and he averred, that each of the other defendants had title with him, as tenants in common of the estate.
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Petition for partition. The petitioner alleged, that he acquired title to the estate, described in his petition by virtue of an attachment and the levy of an execution, in his favor, and he averred, that each of the other defendants had title with him, as tenants in common of the estate. The defendant Clark pleaded, that, before the alleged attachment of the premises, he filed his petition in bankruptcy, and that he was subsequently declared a bankrupt, and that thereby the estate described in the petition vested in his assignee in bankruptcy, absque hoc that the petitioner has, or ever had,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
In this case the petitionee, Clark, pleads in bar, setting up, that, prior to the attachment of the premises by Onion, he became a bankrupt, under the laws of Congress, and that the lands specified in the petition passed to his assignee. If the plea contained nothing more, it would be ill in substance, with reference to Onion’s title. The petition does not allege, that Onion claims title under Clark — but only that he claims by virtue of an attachment and levy of execution, and without specifying whom the execution was against. Neither is…
2Cases cited1 opinion
- Currie v. HenryNew York Supreme Court · 1807
3Cited by5 opinions
- Willey v. CarpenterSupreme Court of Vermont · 1891
- Lewis v. John Crane & SonsSupreme Court of Vermont · 1905
- Carpenter v. McClureSupreme Court of Vermont · 1868
- Walker v. Wooster's Admr.Supreme Court of Vermont · 1889
- Atlantic Coast Line Railroad v. Benedict Pineapple Co.Supreme Court of Florida · 1906