Legal Opinion

Brackett v. Waite

Supreme Court of Vermont

Decided February 15, 1832PublishedCited by 12 opinions

This was an action of ejectment for certain lands in Braintree. Plea, the general issue. At the trial in the county court it appeared in evidence, that on the 18th day of May, 1830, the premises in question were owned by one William Ford, who on the same 'day, voluntarily conveyed them to his daughter, Clara Brackett, one of the plaintiffs.

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This was an action of ejectment for certain lands in Braintree. Plea, the general issue. At the trial in the county court it appeared in evidence, that on the 18th day of May, 1830, the premises in question were owned by one William Ford, who on the same 'day, voluntarily conveyed them to his daughter, Clara Brackett, one of the plaintiffs. The deed expressed a consideration of three thousand dollars, though it appeared to have been given in consideration of natural love and affection only. On the 28th day of July, 1830, Ford executed a mortgage deed of the same premises to the defendant,…

1Opinion of the Court

Baylies, J.,

delivered the opinion of the Court. — It appears that on the 19th May, 1830, William Ford, of Braintree, in Orange county, possessed an estate of the value of $60,000, and was then owing about $16,000 ; that for love and natural affection only, the said William Ford then deeded lands of the value of $1000, lying in said Braintree, to his daughter, Clara, who was the wife of Heni-y Brackett, jr.; that on the 16th July, 1830, a flood came, and swept off $50,000 worth of said Ford’s estate, whereupon he was insolvent. At the time said Ford deeded the land to his daughter, Clara, he…

2Cases cited2 opinions

  1. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
  2. Baron v. AbeelNew York Supreme Court · 1808

3Cited by12 opinions

  1. Becker v. BeckerSupreme Court of Vermont · 1980
  2. Glinka v. Bank of Vermont (In Re Kelton Motors, Inc.)United States Bankruptcy Court, D. Vermont · 1991
  3. Wilson v. SpearSupreme Court of Vermont · 1894
  4. Jones v. WilliamsSupreme Court of Vermont · 1920
  5. Dewey v. LongSupreme Court of Vermont · 1853

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