Beach v. Boynton
Supreme Court of Vermont
Qui Tam action, founded upon Chap. 104, § 23 and 24 of the Comp. Stat. of this state, being Chap. 95 § 19 and 20 of the Revised Stat. Plea, not guilty, and trial by jury. The plaintiff, to support the issue on his part, produced in evidence a certified copy of a deed, dated June 14, 1848, from Jedediah Boynton, to the defendant of several pieces of land situated in Hinesburgh, with the mill and machinery thereon, being the same described in plaintiff’s declaration.
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Qui Tam action, founded upon Chap. 104, § 23 and 24 of the Comp. Stat. of this state, being Chap. 95 § 19 and 20 of the Revised Stat. Plea, not guilty, and trial by jury. The plaintiff, to support the issue on his part, produced in evidence a certified copy of a deed, dated June 14, 1848, from Jedediah Boynton, to the defendant of several pieces of land situated in Hinesburgh, with the mill and machinery thereon, being the same described in plaintiff’s declaration. Also, a certified copy of the record of a judgment, by confession, in favor of the defendant against said Jedediah Boynton,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The only question made in the present case is, whether the plaintiff is so related to the parties to the alleged fraudulent conveyance, as to be entitled to sue for the penalty. The plaintiff was at the time of the conveyance a surety merely, having never paid any portion of the debt, which he subsequently did pay, and had an allowance against the estate of the grantor in the conveyance. The question is, whether the plaintiff can be considered the party aggrieved, within the meaning of the statute ?
It is certain that, for many purposes,…
2Cases cited5 opinions
- Jackson ex dem. Wyck v. SewardNew York Supreme Court · 1825
- E. L. B. Brooks v. ClayesSupreme Court of Vermont · 1838
- Sargent v. SalmondSupreme Judicial Court of Maine · 1847
- Wells v. MaceSupreme Court of Vermont · 1845
- Thompson v. ThompsonSupreme Judicial Court of Maine · 1841
3Cited by9 opinions
- Becker v. BeckerSupreme Court of Vermont · 1980
- Glinka v. Bank of Vermont (In Re Kelton Motors, Inc.)United States Bankruptcy Court, D. Vermont · 1991
- Green v. AdamsSupreme Court of Vermont · 1887
- E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898
- Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
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