Hackett v. Moxley
Supreme Court of Vermont
Bill in equity. Heard upon pleadings and a master’s report at the May term, 1895, Windsor county. Taft, Chancellor, decreed fro forma for the oratrix. The defendant appeals. Neither the note nor the real estate were the separate property of the wife. Pom. Eq. Jur., ss. 860, 846; Tabor v. Chilley, 53 Vt. 487. If the defendant had any interest in the real estate, he should have had it adjusted by the court when the sale was decreed. Big. Est. and Res. Adj. 480; Pom. Eq.
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Bill in equity. Heard upon pleadings and a master’s report at the May term, 1895, Windsor county. Taft, Chancellor, decreed fro forma for the oratrix. The defendant appeals. Neither the note nor the real estate were the separate property of the wife. Pom. Eq. Jur., ss. 860, 846; Tabor v. Chilley, 53 Vt. 487. If the defendant had any interest in the real estate, he should have had it adjusted by the court when the sale was decreed. Big. Est. and Res. Adj. 480; Pom. Eq. Jur., s. 1387 ; Delano v. Blanchard, 52 Vt. 584. The note is personal property and the separate estate of the wife. Stearns v.…
1Opinion of the CourtThompson, J.
October 4, 1866, the defendant married Abby Hackett. At the time of her marriage, she, with her sisters, Sally and Hannah, owned a farm in Tunbridge. She acquired her title thereto November 7, 1854, by a warranty deed from her father to her and her sisters. Her title was in fee. While she owned a share of the farm after her marriage to the defendant, it was not her separate estate. “Separate estate in a married woman involves, as the characterizing fact, that she holds it to her sole use in exclusion of the rights of the husband.” Frary v. Booth, 37 Vt. 78. There was no such limitation in…
2Cases cited2 opinions
- Frary v. BoothSupreme Court of Vermont · 1864
- Hackett v. MoxleySupreme Court of Vermont · 1892
3Cited by7 opinions
- Laird v. PerrySupreme Court of Vermont · 1902
- Hubbard v. HubbardSupreme Court of Vermont · 1904
- Dietrich v. HutchinsonSupreme Court of Vermont · 1901
- In re Nelson's willSupreme Court of Vermont · 1897
- Curtis v. SimpsonSupreme Court of Vermont · 1900
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