9 Vt. 153 | Vt. | 1837
The opinion of the court was delivered by
We are called on to decide, in this case, whether, from the disclosure of Smith, he is to be adjudged trustee of Hoyt, or whether, in the language of the statute, he has in his possession any money, goods, chattels, rights or credits of said Hoyt. It appears from the disclosure, that the principal debtor mortgaged a house and lot in New Haven to Smith, to secure the payment of the sum of five hundred dollars, on
As we consider that Smith was lawfully in possession of the mortgaged premises; that he was accountable for the rents and profits in equity ; that the account, between him and the mortgagor of the amount due on the mortgage, having been once ta