Wilson v. Blake
Supreme Court of Vermont
This case was tried by the jury, February Term, 1880, Red-field, J., presiding, and verdict for the plaintiff. It was an action of trespass with a count in trover for taking and converting the plaintiff’s personal property. Plea not guilty; and justification under three writs of attachment against one Chas. Wilson, and one writ in favor of Elvira Powers against Chas, and John Wilson.
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This case was tried by the jury, February Term, 1880, Red-field, J., presiding, and verdict for the plaintiff. It was an action of trespass with a count in trover for taking and converting the plaintiff’s personal property. Plea not guilty; and justification under three writs of attachment against one Chas. Wilson, and one writ in favor of Elvira Powers against Chas, and John Wilson. John Wilson, the father of Charles, deeded one equal, undivided half of his farm, including his sugar-place, which was on another lot, to Charles in 1859 ; and Charles then went into possession thereof; and John…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
It is well settled law in this State that a tenant in common of personal property can only recover in trespass or trover to the extent of his interest in the property against an officer who has regularly attached, levied upon, and sold the entire property as the property of the other tenant in common. Ladd v. Hill, 4 Vt. 164; Bradley v. Arnold, 16 Vt. 382; White v. Morton, 22 Vt. 17; Chandler v. Spear, 22 Vt. 407, citing Addison v. Overrand, 6 T. R. 766; Sedgworth v. Overrand, 7 T. R. 279; Bloxham v. Hubbard, 5 East. 407. In Chandler v. Spear,…
2Cases cited8 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Paine & Slocum v. HutchinsSupreme Court of Vermont · 1877
- Ladd v. HillSupreme Court of Vermont · 1832
- Hibbard v. FosterSupreme Court of Vermont · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Russ v. GoodSupreme Court of Vermont · 1917
- State ex rel. Rice v. HarringtonMissouri Court of Appeals · 1887
- Hill v. BedellSupreme Court of Vermont · 1924
- Ufford v. WinchesterSupreme Court of Vermont · 1897
3 more not listed; retrieve them via the Exa API.