Legal Opinion

Bond v. Wilder

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 7 opinions

Trespass for taking a one horse lumber Wagon. Plea, the gen» eral issue, and trial by the jury. The plaintiffs gave evidence tending to prove that they purchased the wagon of one Cobb, and took possession of the same. The defendant claimed that the sale was fraudulent as to the creditors of Cobb, and gave in evidence the record of a judgment by confession in favor of Lyman Merrifield & Co. against Cobb for $91.08 damages, and costs.

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Trespass for taking a one horse lumber Wagon. Plea, the gen» eral issue, and trial by the jury. The plaintiffs gave evidence tending to prove that they purchased the wagon of one Cobb, and took possession of the same. The defendant claimed that the sale was fraudulent as to the creditors of Cobb, and gave in evidence the record of a judgment by confession in favor of Lyman Merrifield & Co. against Cobb for $91.08 damages, and costs. Also, an execution on said judgment, dated April 20, 1841, and returnable in 120 days, which he was specially authorized to serve, together with bis return…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

The defendant justified taking the property in question, as deputed to serve an execution in favor of Merrifield & Co. against one Cobb. It became necessary for him to show a regular process, and his deputation. In order to justify under the authority of the writ of execution, it was necessary to show that he pursued the steps pointed out by the law. The first execution, on which he took the property, was legal and unobjectionable; but he did not sell the same by virtue of that execution ; and as he conducted with the property taken in…

2Cases cited4 opinions

  1. Moore v. RobbinsSupreme Court of Vermont · 1835
  2. Jameson v. PaddockSupreme Court of Vermont · 1842
  3. Tichout v. CilleySupreme Court of Vermont · 1831
  4. Ex parte HatchSupreme Court of Vermont · 1827

3Cited by7 opinions

  1. Gibson v. HolmesSupreme Court of Vermont · 1905
  2. Hall v. RaySupreme Court of Vermont · 1868
  3. Kenerson v. BaconSupreme Court of Vermont · 1869
  4. Fifield v. RichardsonSupreme Court of Vermont · 1861
  5. Perry v. WhippleSupreme Court of Vermont · 1865

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