The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-03-24

IL oAAS1CAS Va IAOpcAly MOI AAaue Win
View to Avoiding Debts-Case Start,
ed in Action of Handicapped to
Supreme Court Possible.
Chancellor Frank L. Fish has lust
rendered a decision in favor of the
defendants in the case of Edison f.
Rowley and wife, Martha z. Rowlev.
against George ". Shepardson and
wife, Eva c. Shepardson, a London
derry case which has been before the
courts several years and has been |
three times to the supreme court. TO |
which it may go again. The orators
! in this case, which is of more than OF |
! binary interest, sought to collect an |
execution on Judgment against Shep-
/ ardson out of the real estate of his |
wife, there being no real estate stand
ling in the name Of Shepardson upon
which an execution could be satisfied.
/ Chancellor Fish dismsses the orators
! bill and orders the defendants costs
| taxed against the orators
/ The Shepardsons formerly lived in
/ Massachusetts, but on account of Mr..
Shepardson 5 health they came to-
/ Vermont about 10 years ago. having
/ about $4,000. Mr. Shepardson bought
and sold several pieces of real estate.
using his own money and that of his
wife, she acquiescin@ in the deals
which she consummated. One of the
purchases made by him was the Hunt
ing farm in North Londonderry. which
| transaction gave rise to the litigation
with the Rowleys. The purchase was
made Nov. 10, 1902. for 81. 700
On Jan. -. 1904. Shepardson con
veyed the farm to his wife without
any consideration being paid, and on
Nov. 20, 1905. it was sold to the Ro,r.
leys for $1,000. the Rowleys giving
Mrs. Shepardson n mortgage on the
PROPERTY for the full amount of the
= purchase price Of which 81 900 is still
1 due. George W. Shepardson represent
r ed to the Rowlevs that the farm con
4 tanned q certain number of maple
/ trees, but the Rawlevs found that the
+ number did not hold nut into about
: 900 trees, and they brought an ac-
= ton Of fraud in November. 1909
- against both Shepardson and his wife
n The jury in the county court rem
., dered a verdict of $1,000 against the
E ShepardsOns, and the defendants coun
= sci moved that the verdict be set aside
on the ground that the wife could moi
be joined with her husband in an ac
: tion Of this kind. The court override,
p the motion and the defendants went
f to the supreme court, which in Janu
= airy. 1910, reversed the county cour
"a verdict and ordered new trial upoI
>. terms. After that the Rowleys PAL,
- defendant 5 costs to Mrs. Shepardsor
IS and she was discharged from that suit
s, At the second trial, which wa
If against Shepardson alone, in Septem
n Der. 1910. the jury rendered a verde
+. against Shepardson for $1.2l3, and tn
supreme court affirmed the decision
= Shepardscn fed from Vermont to say
y. his body from arrest. His wife fol
.f lowed soon after and both lived i
- Massachusetts about two years, the
or returned to Vermont.
e. Meanwhile Shepardson went int
r. bankruptcy, and then the orator
tt brought the bin in chancerv to collcc
: from Mrs. Shepardson an execution O
y the county court Judgment.
4 The property of Mrs. Shepardso
A consists of real estate known as TIL
Hermitage in North Londonderry
which is worth from $4,000 to $1,000
according to the chancellor's finding
2 of fact. and the interest which sh
nous III tue Lloi SdSt oH the iiuHtlA
7 farm. and the mortgage notes which
IN, secures. There are no encumbrance
m so far as appears on the property {
Mrs, Shepardson.
Chancellor Fish finds that George V
Shepardson was not indebted to an
one at the time of his several pm
chases and transfers; that none of Il
81 conyevanccs were made by the d
fendants with . view to defeating Il
on rights of the orators to pursue an
airs claim they might have on account
osy any fraud or deceit in the sale of II
5hl1 Hunting farm; and that the conve
sie. ances from Mr.. Shepardscn to Nh
No. Shepardson were made for the pu
'ld. pose Of enabling her to hold the pro
lite ertv against his heirs in case of
ght decease.
arS Counsel in these eases were Chase
,st2 Chase and W. K. Daley for the Ro'
No. levs and II. G. & +. +. Barber of Bra
old, tIeboro ana Loren r. Pierce of Sou
al - Londonderry for the SheparIsons.
ray