Shum v. Claghorn
Supreme Court of Vermont
Replevin. Plea, not guilty. Trial by court at the September Term, 1895, Rutland County, Ross, C. J., presiding. The court found the following facts. The plaintiff being on May 3, 1893, the owner of a farm in Walling-ford, and personal property thereon, including the mare replevied in this action, conveyed the farm and personal property to his son, Joseph E. Shum, by warranty deed with a condition for the support of the plaintiff and his wife.
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Replevin. Plea, not guilty. Trial by court at the September Term, 1895, Rutland County, Ross, C. J., presiding. The court found the following facts. The plaintiff being on May 3, 1893, the owner of a farm in Walling-ford, and personal property thereon, including the mare replevied in this action, conveyed the farm and personal property to his son, Joseph E. Shum, by warranty deed with a condition for the support of the plaintiff and his wife. The son took possession and began to perform the condition, but in September of the same year, trouble having arisen in the family, the son removed from…
1Opinion of the CourtMunson, J.
This action is replevin for a mare, which was covered by a conditional deed executed by the plaintiff to his son, and was afterwards mortgaged by the son to the defendant. The condition in the deed is as follows:
“Provided nevertheless the said Joseph E.Shum or his heirs, is to care for us according to our age and infirmities, and if he does thus care for us, then this deed to be and remain in full force and virtue in law; but if he fails or neglects to do so, then this instrument to be null and void.”
The grantee entered upon the performance of this condition, but failed to carry it out; and…
2Cases cited2 opinions
- Parker v. ChaseSupreme Court of Vermont · 1890
- Huse v. EstabrooksSupreme Court of Vermont · 1894
3Cited by10 opinions
- Rogers v. WhitneySupreme Court of Vermont · 1917
- Phillips v. GannonIllinois Supreme Court · 1910
- Dierling v. PettitMissouri Court of Appeals · 1909
- Joslyn v. Moose River Lumber Co.Supreme Court of Vermont · 1909
- Gould v. HuffSupreme Judicial Court of Maine · 1931
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