10 Vt. 112 | Vt. | 1838
The facts in the case sufficiently appear from the opinion of the court, which was delivered by
The plaintiffs appear to have rested their case, ■ in the outset, upon mere proof of possession of the property sued for, and a taking by the defendants. The defendants proved that they took the horses upon writs of execution against Elwood Irish, the former owner; and with a view to impeach the plaintiffs’ title, as against the creditors of Irish, introduced evidence tending to affect the plaintiffs’ purchase from Irish with a defective and fraudulent trust, though for the professed benefit of creditors. And the defendants ha-: ving rested, the plaintiffs introduced testimony tending to show that their purchase of the real and personal estate of Irish was an absolute purchase in their own right, for a fixed consideration of about $10,000. The defendants then offered to prove, that the property conveyed and transferred from Irish to the plaintiffs, on the occasion of the alleged purchase, amounted to $17,000 or $18,000; and that the amount actually paid by the plaintiffs, with all the liabilities incurred by them, did not exceed $10,000. The rejection of this evri dence by the court below has raised the qnly question, which we^ deem it important to decide.
It is settled as a rule of practice, that whilst the plaintiff is entitled to rest, on making a prima fade case, and afterwards to adduce additional as well as rebutting testimony, the defendant is, in general, required to go through with his proofs
Judgment of county court reversed, and new trial granted.