Conable v. Bucklin
Supreme Court of Vermont
THIS action was brought on the covenants contained in a deed, executed by the defendant to Rufus Conable. The covenants having been assigned to William, Stark, the action was instituted and prosecuted for his benefit, as assignee. The defendant in the first instance, pleaded in bar of the action, a release of the covenants from Conable.
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THIS action was brought on the covenants contained in a deed, executed by the defendant to Rufus Conable. The covenants having been assigned to William, Stark, the action was instituted and prosecuted for his benefit, as assignee. The defendant in the first instance, pleaded in bar of the action, a release of the covenants from Conable. Stark, the assignee, exhibited his bill in chancery, to set aside the release, on the ground that it had been fraudulently obtained, after notice of the assignment, and obtained a decree in his favour. The defendant then obtained leave to plead anew in this…
1Opinion of the CourtPrentiss, J.
delivered the following opinion of the Court.
Whatever doubts may have been once entertained on the subject, it seems to have been settled for half a century at least, that the courts of common law have an equitable jurisdiction, independent of the statute, in cases of set-off, and that opposite demands, arising upon judgments, may, upon motion, be set off against each other, whenever such set-off is equitable. (Mills vs. Crabb, Bull. N. P. 336. — Roberts vs. Briggs, Barnes, 146. — Barnes vs. Crafter, 2 W. Blac. 826. — Barker vs. Braham, 2 W. Blac. 896. — Mitchell vs. Oldfield, 4 T. R. 123. —…
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