Pierce's Administrator v. Pierce
Supreme Court of Vermont
Bill in chancery to assert a lien against certain real estate. Heard upon bill, answer and master’s report at the September term, 1893, Rutland county. Tyler, chancellor, dismissed the bill pro forma. The orator appeals. The orator was the administrator of Marcellus A. Pierce. The defendants were Susan A. Pierce, the Rutland Savings Bank, and Henry O. Edson. Nathan Pierce was, in his life time, the husband of Susan A. Pierce.
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Bill in chancery to assert a lien against certain real estate. Heard upon bill, answer and master’s report at the September term, 1893, Rutland county. Tyler, chancellor, dismissed the bill pro forma. The orator appeals. The orator was the administrator of Marcellus A. Pierce. The defendants were Susan A. Pierce, the Rutland Savings Bank, and Henry O. Edson. Nathan Pierce was, in his life time, the husband of Susan A. Pierce. He was indebted to the National Bank of Poultney in the sum of ten thousand dollars, which was secured by a mortgage upon the property of the defendant, Susan A. Pierce.…
1Opinion of the CourtTaft, J.
The important question in this case is whether any of the money of the orator’s intestate was used in paying the Poultney Bank mortgage. The master reports that he is “ unable to find that any more than one thousand two hundred dollars out of said one thousand nine hundred dollars was applied by Nathan to that debt.” Treating this argumentative statement as an affirmative finding that one thousand two hundred dollars was so applied, the questions of evidence raised by the exceptions to the report become material. There are three exceptions in respect to the evidence.
I. Nathan Pierce wrote a…
2Cases cited12 opinions
- Vail v. StrongSupreme Court of Vermont · 1838
- Mattocks v. Lyman & ColeSupreme Court of Vermont · 1844
- Vilas v. DownerSupreme Court of Vermont · 1849
- Hackett v. CallenderSupreme Court of Vermont · 1859
- Gale v. LincolnSupreme Court of Vermont · 1839
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3Cited by8 opinions
- Dartnell v. BidwellSupreme Judicial Court of Maine · 1916
- Territory v. BuickHawaii Supreme Court · 1923
- Jasmin v. ParkerSupreme Court of Vermont · 1930
- O'brien, Admr. v. HoldenSupreme Court of Vermont · 1932
- Pulver v. Union Inv. Co.Court of Appeals for the Eighth Circuit · 1922
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