Hulett v. Soullard
Supreme Court of Vermont
Assumpsit for money lent and paid out for the defendant’s use. Plea, the general issue, and trial by the court. On the trial of the cause it appeared in evidence, that the defendant as principal, and one Rich Weeks, Joel Stevens and the plaintiff as sureties, executed a joint and several promissory note, to one Hervey Paris, for the sum of five hundred dollars; and that a suit was commenced upon said note in the name of said Paris, against the said Orson G. Hulett, and a…
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Assumpsit for money lent and paid out for the defendant’s use. Plea, the general issue, and trial by the court. On the trial of the cause it appeared in evidence, that the defendant as principal, and one Rich Weeks, Joel Stevens and the plaintiff as sureties, executed a joint and several promissory note, to one Hervey Paris, for the sum of five hundred dollars; and that a suit was commenced upon said note in the name of said Paris, against the said Orson G. Hulett, and a judgment was recovered in said suit, against the said Orson G. Hulett, at the April Term, of the Rutland county court,…
1Opinion of the Court
The opinion of the court was delivered by .
Red field, Ch. J.
In regard to the legality of the levy, although there might have been some ground of doubt, as to the proper mode of making it originally, it seems to us the creditor selected the only practicable one. The lease-hold estate is not included under the general definition of “ real estate ” in the statute in regard to the levy of executions. Those terms, by § 20 include only such estates, as are made subject to the levy-upon the land itself, by § 19. But the “rents, issues, and profits of real estate, leased for life or years,” reserving…
2Cases cited2 opinions
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
- Wynn v. BrookeSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Kopper v. DyerSupreme Court of Vermont · 1887
- United States Fidelity & Guaranty Co. v. HittleSupreme Court of Iowa · 1903
- State Bank & Trust Co. v. Commercial Trust & Savings BankAppellate Court of Illinois · 1939
- Howard Bank v. Lotus-Duvet Co.Supreme Court of Vermont · 1992
- Zuellig v. HemerlieOhio Supreme Court · 1899