Taylor v. Wait
Supreme Court of Vermont
Trespass, with a count in trover, for four horses and a quantity of lumber and chair posts. Pleas, general issue, and justification under process. Trial by jury, September Term, 1878, Ross, J., presiding.
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Trespass, with a count in trover, for four horses and a quantity of lumber and chair posts. Pleas, general issue, and justification under process. Trial by jury, September Term, 1878, Ross, J., presiding. The plaintiffs introduced in evidence a writ against Austin P. Graham at suit of the West River Bank, with record of judgment by confession thereon for $8,200, execution thereon for the same amount, and note also for the same amount from Graham to the bank; writ against the same at suit of Seth Taylor, Jr., with record of judgment by confession for $4,619.61 damages, and $3.42 costs,…
1Opinion of the Court
*548The opinion of the court was delivered by
Powers, J.
The sale on the West River Bank execution was regular in form, and valid to extinguish the debtor’s title to the property, unless it operated a fraud by reason of a secret tx’ust in favor of the debtor. If a creditor uses the forms of law merely to protect the' equitable title or beneficial use of the property in the debtor, the tx-ansaction may be impeached. If the creditor proceeds Iona fide to secure his debt by a sale of the debtor’s propei'ty on execution, according to the forms of law, and takes the title to himself, and, in kindness to…
2Cases cited1 opinion
- Webster v. DenisonSupreme Court of Vermont · 1853
3Cited by1 opinion
- Taylor v. WaitSupreme Court of Vermont · 1882