Legal Opinion

White v. Capron

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 1 opinion

Trustee Process. Á commissioner was appointed, who reported the following facts : On April 19,1876, the trustee purchased of the defendant an undivided half of a farm in Bridgewater, in which the defendant had a right of homestead, the homestead not being set out, and of certain personal property thereon, including, among other things, a yoke of oxen, a yoke of steers, seventy-two sheep of the value of $172, and a grindstone of the value of $9, which the defendant had used…

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Trustee Process. Á commissioner was appointed, who reported the following facts : On April 19,1876, the trustee purchased of the defendant an undivided half of a farm in Bridgewater, in which the defendant had a right of homestead, the homestead not being set out, and of certain personal property thereon, including, among other things, a yoke of oxen, a yoke of steers, seventy-two sheep of the value of $172, and a grindstone of the value of $9, which the defendant had used in carrying on the farm. The agreed price for the whole was $1700 — $1400 for the farm, and $300 for the personal…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The statute exempts from attachment by trustee process a debt due from the purchaser to the vendor for property exempt from attachment and levy of execution, unless intervening the creation of such indebtedness and the service of the process, such vendor has repossessed himself of other like property in the place of that from which the indebtedness arose. Sts. 1865, No. 14. On the facts reported and the exceptions to the report, the trustee raises, in principle, three questions:

I. Among the property purchased and for which the trustee is still…

2Cases cited2 opinions

  1. Allen v. ThompsonSupreme Court of Vermont · 1873
  2. Spooner v. FletcherSupreme Court of Vermont · 1830

3Cited by1 opinion

  1. Hastie v. KelleySupreme Court of Vermont · 1884

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