Brewin v. Estate of Farrell
Supreme Court of Vermont
This was an appeal from the disallowance by the commissioners on Patrick Farrell’s estate, of a claim presented by the plaintiffs against said estate.
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This was an appeal from the disallowance by the commissioners on Patrick Farrell’s estate, of a claim presented by the plaintiffs against said estate. The plaintiffs claimed that there is due from the defendant two hundred dollars, with interest on the same since April, 1858., for one horse worth $100, and three cows worth $100., sold by the plaintiff Bridget Brewin, when she was sole and unmarried, to said Patrick in the spring of 1858, for the purpose of stocking Patrick’s farm in Underhill, which indebtedness has never been paid by said Farrell. The defendant pleaded the general issue and…
1Opinion of the Court
The opinion of the court was delivered by
BARRETT, J.
The evidence tended very strongly to show that Farrell bought cf his sister, Mrs. Brewin, the three cows and one horse, for which she claims pay in this suit, and there was nothing in the case tending to show that he was ever indebted to her for anything except said cows and horse.
The questions arise under the general issue, and the plea of the statute of limitations. No question was made in the argument as to the charge touching the general issue.
In respect to the statute of limitations the court charged that the jury must find a distinct,…
2Cases cited2 opinions
- Phelps v. StewartSupreme Court of Vermont · 1839
- Blake v. ParlemanSupreme Court of Vermont · 1841
3Cited by2 opinions
- Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
- McCarthy's Admr. v. Village of NorthfieldSupreme Court of Vermont · 1915