Drake v. Wild
Supreme Court of Vermont
Bill in equity. Heard upon the demurrer of the defendant to the bill for want of equity, at the December térm, 1892. Tyler, chancellor, -pro forma, dismissed the bill. The orator appeals.
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Bill in equity. Heard upon the demurrer of the defendant to the bill for want of equity, at the December térm, 1892. Tyler, chancellor, -pro forma, dismissed the bill. The orator appeals. The bill in substance alleged that Cyrus B. Drake and Louisa Smith, the father and mother of the oratrix, were married in 1839 and that the oratrix was their only child and heir; that in 1867 the father of her mother deceased, leaving a considerable estate, of which she inherited the sum of $4,550; that her father, the said Cyrus B. Drake, took said $4,550 into his hands immediately thereafterwards and held…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
The defendant, Middlebury College, demurred to the bill for want of equity. The demurrer for the purpose of determining this question admits such facts as are regularly pleaded in the bill. Hall v. Dana, 2 Aik. 381.
I. It is contended that the statute of limitations is a bar to this action. Does the bill present a case in which a court *614• of equity in analogy to law will apply the statute bar ? Louisa Smith Drake, the mother of the oratrix, took and held to her sole and separate use the money and securities which she received by inheritance…
2Cases cited11 opinions
- Landsdale v. SmithSupreme Court of the United States · 1882
- Seymour v. FreerSupreme Court of the United States · 1869
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Wade v. PulsiferSupreme Court of Vermont · 1881
- Payne v. HathawaySupreme Court of Vermont · 1831
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Wilder's Exr. v. WilderSupreme Court of Vermont · 1909
- Davis v. EastmanSupreme Court of Vermont · 1894
- Drake v. WildSupreme Court of Vermont · 1896
- Cook v. MacGinnissMontana Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.