Owen v. Gray
Supreme Court of Vermont
Trustee Process. It appeared from the disclosure of the trusr tee, that he had in his possession certain military arms and accoutrements, belonging to the principal debtor, who‘was adjutant of the regiment, and that the .principal debtor had some time previously absconded from the state. The trustee also claimed, that the plaintiff had previously commenced a suit against him, as trustee of the principal debtor, and that a judgment had been rendered therein.
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Trustee Process. It appeared from the disclosure of the trusr tee, that he had in his possession certain military arms and accoutrements, belonging to the principal debtor, who‘was adjutant of the regiment, and that the .principal debtor had some time previously absconded from the state. The trustee also claimed, that the plaintiff had previously commenced a suit against him, as trustee of the principal debtor, and that a judgment had been rendered therein. The county court, June Term, 1846, — Royce, J., presiding,— decided, that the trustee was chargeable for the property in his hands.…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
It is now objected by the trustee, to the judgment of the court below, that the articles of property in his hands, belonging to the principal debtor, are not subject to attachment» and consequently not liable to the trustee process.
This objection is founded upon the 13th section of chapter 42 of the Revised Statutes, which exempts from attachment and execution “ Such military arms and accoutrements as the debtor is required by law to furnishand the cases of Parks et al. v. Hadley & Tr., 9 Vt. 320, and Adams v. Newell & Tr., 8 Vt. 190, are…
2Cases cited2 opinions
- Adams v. NewellSupreme Court of Vermont · 1836
- E. C. Parks, & Co. v. CushmanSupreme Court of Vermont · 1837
3Cited by1 opinion
- Scottish Mortgage & Land Investment Co. v. McBroomNew Mexico Supreme Court · 1892