Legal Opinion

Irish v. Clayes & Morse

Supreme Court of Vermont

Decided January 15, 1838PublishedCited by 8 opinions

This was an action of ejectment, to recover the seizin and possession of certain lands m Charlotte. Plea — Not guilty. Issue to the country.

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This was an action of ejectment, to recover the seizin and possession of certain lands m Charlotte. Plea — Not guilty. Issue to the country. On the trial of the issue in the County Court, the plaintiff offered, as evidence of title to the lands in- question, the record of a judgment in his favor, and against one Elwood Irish, rendered by Chittenden County Court, at their March Term 1834, and a writ of execution, which issued thereon, dated March 26, 1834, and a levy of said execution on the same lands described in the plaintiff’s declaration, which levy was recorded in the town clerk’s…

1Opinion of the Court

The opinion of the Court was delivered by

Collamer, J.

The plaintiff claims title as the levyixxg creditor of Elwood Irish, the former owner of the land. It appears the defendants had a deed from Elwood Irish, including this, with other lands, delivered previous to the plaintiff’s levy. This deed, the plaintiff insists, was fraudulent and void. One of the defendants held, a mortgage tleed of the same land, -of a still previous date, but the notes, fob which that mortgage was given, were given up, in part, for the consideration of the deed, now said to be fraudulent. If this last deed was…

2Cited by8 opinions

  1. Glinka v. Bank of Vermont (In Re Kelton Motors, Inc.)United States Bankruptcy Court, D. Vermont · 1991
  2. James v. PiggottWest Virginia Supreme Court · 1910
  3. Klein v. Wolf Run Resort, Inc.Supreme Court of Vermont · 1995
  4. Ladd v. WigginSupreme Court of New Hampshire · 1857
  5. Baxter v. DownerSupreme Court of Vermont · 1857

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