Field v. Wilbur
Supreme Court of Vermont
Appeal from the Court of Chancery, Orleans County. The bill alleged, That on August 21, 1868, Aaron Wilbur, of Savannah, Georgia, bought a farm in Derby, for $8000, and procured it deeded to his wife, Mary E. Wilbur, in trust,for their children; that in the summer of 1869, Wilbur and his wife were desirous of building a barn on the farm that season, and saw the orator, Solomon M. Field, a mechanic and builder, several times about building it, and afterwards sent for him to…
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Appeal from the Court of Chancery, Orleans County. The bill alleged, That on August 21, 1868, Aaron Wilbur, of Savannah, Georgia, bought a farm in Derby, for $8000, and procured it deeded to his wife, Mary E. Wilbur, in trust,for their children; that in the summer of 1869, Wilbur and his wife were desirous of building a barn on the farm that season, and saw the orator, Solomon M. Field, a mechanic and builder, several times about building it, and afterwards sent for him to come to the farm, where they were then stopping, to(see about it, and that he went, and there talked with both of them…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The only material controverted fact is, whether the orators have established by the requisite measure of proof, that the *163barn was built by them at the request of the trustee, Mary E. Wilbur. She denies in her answer making any such request in connection with her husband, or otherwise, and the answer is in this respect responsive to the bill. The only direct witness to such request is the orator, S. M. Field. Where a material fact stated in the bill is denied in the answer, the rule is well settled that something Inore than the testimony of one…
2Cases cited3 opinions
- Shattuck v. GaySupreme Court of Vermont · 1872
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1815
- Furman v. The MayorNew York Court of Appeals · 1853
3Cited by6 opinions
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Merchants' National Bank v. WeeksSupreme Court of Vermont · 1880
- Phelps v. RootSupreme Court of Vermont · 1906
- County Court of Clay Co. v. BakerMissouri Court of Appeals · 1922
- Estate of FreemanSupreme Court of Pennsylvania · 1897
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