Hackett v. Moxley
Supreme Court of Vermont
Bill in chancery. Heard upon general demurrer at the May term, 1891, Windsor county. Taft, chancellor, sustained the demurrer fro forma.< . The- oratrix appeals.' ' • The note being from the husband to his wife, was void at law. Sweat v. Hall, 8 Vt. 187 ; Ellsworth v. Hof kins, 58 Vt. 705. . Still it represents an enforceable. equitable right.
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Bill in chancery. Heard upon general demurrer at the May term, 1891, Windsor county. Taft, chancellor, sustained the demurrer fro forma.< . The- oratrix appeals.' ' • The note being from the husband to his wife, was void at law. Sweat v. Hall, 8 Vt. 187 ; Ellsworth v. Hof kins, 58 Vt. 705. . Still it represents an enforceable. equitable right. White' and Wife v. Waite, 47 Vt. 502; Richardson} Admr., v. MerrilVs Estate, 32 Vt. 27; Sfooner and Wife v. Reynolds, 50 Vt. 437 ; Pinney et al. v. Fellows, - 15 Vt. '535 ; Cardell v. Ryder ét al.,'45 Vt.' 47 ; Hamaker f. Hamaker, 88 Ala. 431; Mundyf.…
1Opinion of the Court
The opinion of the court wás delivered' by
START, J.
This cause was heard on demurrer to the bill. The oratrix alleges that Abbie Hackett and her two sisters were the owners of a farm ; that while they So owned it Abbie Hackett became the wife' of the defendant; that afterwards, on the 4th day of May, 1871,'the farm was sold at auction, and the defendant became the owner; that Abbie Moxley’s share of the purchase money was five hundred and forty-seven dollars and forty-eight cents, for which the defendant gave her his note of that date, payable to her or bearer, in two years from' its date,…
2Cases cited12 opinions
- Pinney v. FellowsSupreme Court of Vermont · 1843
- Barron v. BarronSupreme Court of Vermont · 1852
- Blanchard v. SheldonSupreme Court of Vermont · 1871
- Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
- Child v. PearlSupreme Court of Vermont · 1870
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- Ball v. HallSupreme Court of Vermont · 1971
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