E. C. Parks, & Co. v. Cushman
Supreme Court of Vermont
This was an action upon the statute, relating to absconding or concealed debtors, &c. The goods came to the hands of the alleged trustee, as administratrix of one Sole Cushman, who was the brother of the wife of Stephen Hadley, the principal debtor. Among the goods were certain articles of household furniture and other property, exempted from attachment and levy by statute.
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This was an action upon the statute, relating to absconding or concealed debtors, &c. The goods came to the hands of the alleged trustee, as administratrix of one Sole Cushman, who was the brother of the wife of Stephen Hadley, the principal debtor. Among the goods were certain articles of household furniture and other property, exempted from attachment and levy by statute. There was, also, a promissory note, which the trustee had executed to the wife of the principal debtor, for her share in the real estate of the deceased. The only interest which Stephen Hadley, the principal debt- or, had…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only 'question admitting of serious doubt in this case, is, whether the interest of the husband is such in the personal property of the wife, which she inherits during coverture, after distribution is made, but no possession, in fact, taken by the husband, that it can be held by. this attachment, in the hands of the administratrix, and thus applied upon his debts. For, in relation to the other questions, attempted to be raised, there seems little ground for doubt or controversy. This process of attachment, when made to operate upon…
2Cited by3 opinions
- Probate Court v. NilesSupreme Court of Vermont · 1860
- Owen v. GraySupreme Court of Vermont · 1847
- Proctor v. ColeIndiana Supreme Court · 1885