Fletcher v. Wakefield
Supreme Court of Vermont
Replevin for property levied on for a debt against plaintiff’s husband. Plea, not guilty. Trial by. jury at the December Term, 1901, Caledonia County, Munson, J., presiding. Defendant’s motion for a verdict overruled. Verdict and judgment for the plaintiff. The defendant excepted. The motion for a verdict should have been granted. The plaintiff’s title was not good against the defendant. It was a gift from her husband.
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Replevin for property levied on for a debt against plaintiff’s husband. Plea, not guilty. Trial by. jury at the December Term, 1901, Caledonia County, Munson, J., presiding. Defendant’s motion for a verdict overruled. Verdict and judgment for the plaintiff. The defendant excepted. The motion for a verdict should have been granted. The plaintiff’s title was not good against the defendant. It was a gift from her husband. V. S. 2647. After the attempted gift, the property remained in the husband’s possession, and was attachable on his debt. Coombs v. Read, 16 Gray, 271; Rodgers Dom. Rel., s.…
1Opinion of the CourtStart, J.
The defendant’s motion for a verdict raises the question of whether a husband can make a valid gift of personal property to his wife, as against creditors of the husband who became such after the gift. By No. 21, Acts of 1867, a married woman was authorized to hold to her sole and separate use all personal property and rights of personal action acquired by her during coverture by inheritance or distribution.. This right to hold separate personal estate was, by No. 140, Acts of 1884, enlarged so that she could hold all personal property and rights of action acquired before or during coverture,…
2Cases cited17 opinions
- State v. ShawSupreme Court of Vermont · 1901
- Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
- Bent v. BentSupreme Court of Vermont · 1872
- Tenney v. HarveySupreme Court of Vermont · 1891
- Child v. PearlSupreme Court of Vermont · 1870
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. StacySupreme Court of Vermont · 1932
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Bloomstrand v. Stevens Et Ux.Supreme Court of Vermont · 1931
- Laferriere v. GraySupreme Court of Vermont · 1932
- Walston v. AllenSupreme Court of Vermont · 1909
3 more not listed; retrieve them via the Exa API.