Legal Opinion

Hackett v. Callender

Supreme Court of Vermont

Decided May 15, 1859PublishedCited by 20 opinions

The bill set forth that on the 2d of January, 1849, the orator purchased of the administrator of the estate of one I. W. Cushman certain lands in Middlehury, and paid for the same ; that the orator’s father, John Hackett, senior, and Royal Flint assisted the orator in raising a portion of the money to pay for such purchase, by signing with him, as his sureties, a note payable to one Darling, and another note payable to the Bank of Middlehury; that for the purpose of securing…

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The bill set forth that on the 2d of January, 1849, the orator purchased of the administrator of the estate of one I. W. Cushman certain lands in Middlehury, and paid for the same ; that the orator’s father, John Hackett, senior, and Royal Flint assisted the orator in raising a portion of the money to pay for such purchase, by signing with him, as his sureties, a note payable to one Darling, and another note payable to the Bank of Middlehury; that for the purpose of securing his father and Flint for becoming his sureties upon these notes he caused the deed of the land to be executed to them…

1Opinion of the CourtAldis, J.

The evidence shows that the legal estate and record title to the premises in question were vested in Royal Flint and John Hackett, sen., but that John Hackett, jun., the orator, was the real owner. About the time that the orator bought the land and had it conveyed to Flint and his father, which was in January, 1849, he went into possession of it and so remained in possession, exercising acts of ownership, up to the time that the defendants Callender and Wright attached the land as the property of Royal Flint. They attached the land by leaving a copy in the town clerk’s office on the 5th of…

2Cases cited2 opinions

  1. Carter v. ChampionSupreme Court of Connecticut · 1831
  2. Bigelow v. TopliffSupreme Court of Vermont · 1853

3Cited by20 opinions

  1. Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
  2. Quinn v. ValiquetteSupreme Court of Vermont · 1908
  3. Morrill v. MorrillSupreme Court of Vermont · 1880
  4. Dye v. CraryNew Mexico Supreme Court · 1906
  5. Manufacturers' Bank v. ScofieldSupreme Court of Vermont · 1867

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