Public-domain · open source
OpenJurist

75 Vt. 383

Downs v. Downs' Exr.

Supreme Court of Vermont

Decided August 3, 1903

Supreme Court of Vermont · decided 1903-08-03

Appeal in Chancery. Heard on defendant’s demurrer, at the June Term, 1902, Bennington County, Tyler, Chancellor. The bill sets forth a trust in that Mjatilda E-, becoming possessed of money, placed the same in the hands of her husband for care and investment. The claim' is purely equitable, and it could not have been allowed by commissioners. Spar-hawk v. Buell, 9 Vt. 74; Herrick v. Belknap, 27 Vt. 674; Brown v. Sumner, 31 Vt. 671.

Cited by 2 later decisions — most recently October 1939

2 state decisions

Relies on Heirs of Adams v. Adams · Lynde v. Davenport · Davis v. Eastman

Good law ✅— No negative treatment on recordhow we know

Demurrer sustained and bill dismissed · Decided 1903-08-03

View the full empirical analysis of this case →

Start, J.

¶1The suit is in chancery, and is for the recovery of money alleged to have been held by Elijah Downs, in trust for his wife, Matilda E. Downs, who deceased before the bringing of the bill. The fact that the money sought to- be recovered was held in trust is the only ground upon which it is claimed that the Court of Chancery has jurisdiction. It has been held by this Court that money thus held may be recovered by an action at law. Parker v. Parker, 69 Vt. 352, 37 Atl. 712; Lynde v. Davenport, 57 Vt. 597; Atkins’ Est. v. Atkins’ Est., 69 Vt. 270, 37 Atl. 746; Spaulding v. Warner’s Est., 52 Vt. 29; Albee v. Cole, 39 Vt. 319; Davis v. Eastman, 66 Vt. 651, 30 Atl. 1; Adams v. Adams, 22 Vt. 50; Purdy v. Purdy’s Est., 67 Vt. 50, 30 Atl. 695. It appearing from the orator’s bill of complaint that the cause of action is one over which the Courts of law have jurisdiction, the demurrer was rightfully sustained and the bill dismissed.

¶2Decree affirmed, and cause remanded.

/75/vt/383 · .json · Public domain