Durkee v. Durkee
Supreme Court of Vermont
Bile in Chancery. Heard on tlie pleadings and the report of a special master, March Term, 1886, Washington County, Powers, Chancellor. Bill dismissed.
Read the full summary
Bile in Chancery. Heard on tlie pleadings and the report of a special master, March Term, 1886, Washington County, Powers, Chancellor. Bill dismissed. The bill alleged that the orator, when between five and six years of age, with his young sister, who afterwards deceased, went about the year I860 to reside with the defendant and his wife, as their children, under an agreement that they would adopt them as heirs-at-law ; that defendant had no children of his own; that in 1862 the defendant procured an act of the legislature changing the names of the orator and his sister from Robinson to…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The contract alleged in the bill is not shown by the master’s report to have been made, consequently there can be'no decree for a specific performance; neither does the report show that the conduct of the defendant ivas fraudulent. The master states that the “ orator was- induced to and did believe *74until Juno, 1881, that he Avas the adopted son and heir-at-law of the defendant and his Avife,” but by whom he was so induced to believe, the report does not show; the master not finding that fact upon the evidence, the court cannot say, as matter of…
2Cases cited1 opinion
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
3Cited by10 opinions
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Hill v. RitchieSupreme Court of Vermont · 1916
- New York Life Insurance v. KimballSupreme Court of Vermont · 1919
- Ward v. LymanSupreme Court of Vermont · 1937
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
5 more not listed; retrieve them via the Exa API.