11 Vt. 101 | Vt. | 1839
The opinion of the court was delivered by
We have-» examined this bill and answer, and the testimony, and we do not find the answer, which is an entire denial of the matters stated in the bill, to be disproved, except by the testimony of one witness. The circumstances, when fully considered on both sides, rather tend to sustain than contradict the answer. (Here the chancellor proceeded fully to consider the testimony.)
But it is said, in argument, that as the defendant took the conveyance in order to enable Beeman fraudulently to obtain a pension from government, as a reduced soldier of the revolution, it is not to be expected, that the proof would be very full and explicit. We find it difficult to see, even if this were true, or in any other view we can take of this case, how the orators are entitled to any relief. If any contract for support exists between Beeman and Story, binding upon Story in law or in chancery, the only privity is between these persons ; and Beeman, and he alone, is entitled to an action, either" in law or chancery. If that contract was made to defraud the government, or any third persons, it was still good and binding on the parties, and only void as to those who were intended to be defrauded, but that was not the town of Milton.
Bill dismissed.