Payne v. Hathaway
Supreme Court of Vermont
This was a suit in chancery, and was set down for a bearing ai (he present term on demurrer for want of equity, and want of proper parties, also on d plea ofthe statute of limitations filed by ibe respondent.- The prominent allegations id (be bill were, That on the 8th of October, 1803, Silas Hathaway was seized in fee of the lands described in the bill, lying in Swanton ; and at the same time wad justly indebted to Samuel Hitchcock and Abel Allis in the sum of thirty…
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This was a suit in chancery, and was set down for a bearing ai (he present term on demurrer for want of equity, and want of proper parties, also on d plea ofthe statute of limitations filed by ibe respondent.- The prominent allegations id (be bill were, That on the 8th of October, 1803, Silas Hathaway was seized in fee of the lands described in the bill, lying in Swanton ; and at the same time wad justly indebted to Samuel Hitchcock and Abel Allis in the sum of thirty thousand dollars; that, on that day, Hitchcock and Allis attached the land; that, on the last Monday in August, 1805, they…
1Opinion of the Court
Hutchinson, Chancellor,
pronounced the decree of the Court. —It appears in this case, that Messrs. Hitchcock and Allis had a large claim, of some sort, against Silas Hathaway, upon which they commenced their suit at law, and attached the lands of Silas Hathaway in Swanton, by virtue of their original writ; that these lands were encumbered by a mortgage from Silas Hathaway to one Simeon Hathaway, to secure him from his undertaking for said Silas to one Robinson for about the sum of two thousand dol-*227%ars; that Hitchcock and Allis recovered a final judgement against Silas Hathaway in that suit,…
2Cited by26 opinions
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- Sidener v. PaveyIndiana Supreme Court · 1881
- City of Pendleton v. HolmanOregon Supreme Court · 1945
- Warford v. HankinsIndiana Supreme Court · 1898
- Hughes v. ThomasWisconsin Supreme Court · 1907
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