Williams v. Fullerton
Supreme Court of Vermont
Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by the court, March Term, 1846, — Red-pield, J., presiding.
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Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by the court, March Term, 1846, — Red-pield, J., presiding. The plaintiff proved, that he was executor of Rachael Williams, and that a debt was due to her estate from one Albert Onion; and he gave in evidence a mortgage deed, executed by Onion, conveying to the plaintiff, “his heirs and assigns forever,” five shares of the capital stock of the Peru Turnpike Company, previously owned by Onion, and also a record of the mortgage upon the books of the company. The deed contained a condition of defeasance, upon…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is admitted, that the property in question was trust property; and we think the character of the trust is sufficiently declared upon the face of the 'deed. All that is necessary for that purpose is, that it should intelligibly appear upon the conveyance; — and we think there could be but one opinion in regard to that point, in the present case.
The general principle, that trust property is not liable to be levied upon and sold for the debt of the trustee, will hardly be questioned by any one. Indeed, if the trustee should himself dispose…
2Cases cited2 opinions
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Coburn v. AnsartMassachusetts Supreme Judicial Court · 1807
3Cited by5 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Boyden v. WardSupreme Court of Vermont · 1866
- Houghton v. DavenportSupreme Judicial Court of Maine · 1883
- Bancroft v. ConsenMassachusetts Supreme Judicial Court · 1866