27 Vt. 417 | Vt. | 1855
The opinion of the court was delivered, at the circuit session in September, by
It seems that at the April Term of the county . court, 1850, the plaintiffs recovered judgment against Isaac B. Barber, for some two hundred dollars, for goods sold and delivered to said Barber, and that for the purpose of securing the judgment, which might be recovered, certain property had been attached and sold on the mesne process as the property of Barber; and Barber had commenced his suit against the officer who' attached the property, claiming that the property was held by him as a trustee, and was not his private property; and, under this state of facts, this bill is brought for the purpose of having the suit against the officer enjoined, and that, if the trust shall be established, that Barber be decreed to pay the orators’ debt out of the trust property. The bill, however, seems to have been drawn with a double aspect, and ■ in the first instance it charges that Barber was not trustee, as he pretends, in his pleading in the suit against the officer, and seeks a discovery. It is very clear that the bill cannot be sustained on this latter ground, and it is sufficient to say that the answer denies that the propei’ty was his, but sets up the trust, and is responsive to the bill, — and the answer is not overcome by opposing testimony. It is, of course, of no use to inquire whether, if it had turned out that the property was the private property of Barber, chancery would have taken jurisdiction, or left the orators to have made their case out at law.
It is claimed by the orators that if the defendant, Barber, is the trustee of the property, still they are entitled to relief, in equitys and this is the principal question in the case. But it is difficult to
The decree of the chancellor should he affirmed, with costs.