Harrington v. Gage
Supreme Court of Vermont
This was an action of ejectment for certain land in Waterford. On trial it was conceded the defendants were in possession, by virtue of a deed from Jesse Tyler to Josiah Gage, dated June 2d, 1828. The plaintiffs claimed title by virtue of a deed from Silas Hibbard, administrator of the estate of said Tyler, insisting that said deed to Gage was fraudulent and void as to the creditors of said Tyler.
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This was an action of ejectment for certain land in Waterford. On trial it was conceded the defendants were in possession, by virtue of a deed from Jesse Tyler to Josiah Gage, dated June 2d, 1828. The plaintiffs claimed title by virtue of a deed from Silas Hibbard, administrator of the estate of said Tyler, insisting that said deed to Gage was fraudulent and void as to the creditors of said Tyler. Said deed from the administrator, was made by order of the probate court, pursuant to the second section of the act of 1831. The plaintiffs offered in evidence the proceedings of said probate court,…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— In the case Administrator of John Martin vs. Edward Martin, (1 Vt. Rep. 91,) it was decided, that the administrator being the personal representative of the deceased, can maintain no suit but such as the deceased might have done, and therefore could maintain no action for the recovery of land which the deceased in his life time had conveyed to defraud his creditors. After that decision the act of 1831 was passed which provides, in substance, in the first section, that in such case, if it be necessary for the payment of debts, the…
2Cases cited2 opinions
- French v. GraySupreme Court of Connecticut · 1816
- Administrator of Martin v. MartinSupreme Court of Vermont · 1828
3Cited by5 opinions
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Pitkin's Admrs. v. City of MontpelierSupreme Court of Vermont · 1912
- Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913
- Abbott v. LapointSupreme Court of Vermont · 1909
- Abbott v. PrattSupreme Court of Vermont · 1844