Legal Opinion

Pease v. Shirlock

Supreme Court of Vermont

Decided February 15, 1891PublishedCited by 5 opinions

This was an action in ejectment brought by the administrator of William Shirlock against Frank Shirlock and William Martin. Plea, the general issue. Trial by jury at the December term, 1890, Thompson, J., presiding. Yerdict and judgment for the plaintiff. The defendants except.

Read the full summary

This was an action in ejectment brought by the administrator of William Shirlock against Frank Shirlock and William Martin. Plea, the general issue. Trial by jury at the December term, 1890, Thompson, J., presiding. Yerdict and judgment for the plaintiff. The defendants except. The demanded premises were a farm worth from $1,700 to .$2,200, on which were a dwelling house and out-buildings of the value of from $700 to $800. February 29, 1888, William Shirlock and his wife conveyed these premises by warranty deed to Frank Shirlock, who on the same day executed a mortgage to William Shirlock and…

1Opinion of the Court

The opinion of the court was delivered by

TYLER, J.

The defendant’s counsel insisted on the trial in the court below that the plaintiff when he rested had not made a prima facie case, and moved for a non-suit, which motion was denied.

The first question presented by the exceptions is whether the conveyance by William Shirlock and wife of their farm to their son, the defendant Frank Shirlock, was fraudulent and void as to the grantor’s creditors. The farm conveyed was worth $1,700 to $2,200, of which from $700 to $800 was in the dwelling-house and shed attached. The grantor’s debts at the time of…

2Cases cited7 opinions

  1. Church v. ChapinSupreme Court of Vermont · 1862
  2. Crane v. SticklesSupreme Court of Vermont · 1843
  3. Foster v. FosterSupreme Court of Vermont · 1884
  4. Prout v. VaughnSupreme Court of Vermont · 1880
  5. Bassett v. St. Albans Hotel Co.Supreme Court of Vermont · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Mallow v. WalkerSupreme Court of Iowa · 1901
  2. Thorp v. ThorpSupreme Court of Vermont · 1897
  3. Lynch's Admr. v. MurraySupreme Court of Vermont · 1908
  4. Morse v. AndrewsSupreme Court of Vermont · 1942
  5. Sowles v. LewisSupreme Court of Vermont · 1902

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API