Root v. Reynolds
Supreme Court of Vermont
Replevin for a quantity of personal property consisting of stock, tools, &c., suitable for use in an iron foundry. Plea the general issue with notice of special matter in defence, a.nd trial by jury at the March Term, 1858, in Chittenden county, Bennett, J., presiding. It was admitted that the plaintiff had a perfect title to one ■ undivided half of the property in question, and the sole question at issue was in regard to the validity of his title to the other half.
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Replevin for a quantity of personal property consisting of stock, tools, &c., suitable for use in an iron foundry. Plea the general issue with notice of special matter in defence, a.nd trial by jury at the March Term, 1858, in Chittenden county, Bennett, J., presiding. It was admitted that the plaintiff had a perfect title to one ■ undivided half of the property in question, and the sole question at issue was in regard to the validity of his title to the other half. The plaintiff’s testimony tended to show that being a tenant in common with one Emerson of the whole property described in the…
1Opinion of the Court
Barkett, J,
Upon the case as presented by the bill of excep-. tions, it is to be taken for the purposes of the decision now to be made, that Emerson’s motive in selling the property in question was to withdraw it from the reach of attachment by his creditors ; that Emerson was insolvent, and this was known by Root, at the time the trade for the property was closed and consummated, that Root paid a full consideration for it, that he purchased it in good faith, not for the purpose and with the intent of lending himself to aid ‘Emerson in withdrawing his”'property from the reach of his creditors,…
2Cases cited2 opinions
- Edgell v. LowellSupreme Court of Vermont · 1832
- Lyon v. RoodSupreme Court of Vermont · 1840
3Cited by8 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Wilson v. SpearSupreme Court of Vermont · 1894
- Ferriter v. TylerSupreme Court of Vermont · 1876
- E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898
- Ludlow Savings Bank & Trust Co. v. KnightSupreme Court of Vermont · 1917
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