Dodge v. Way
Supreme Court of Vermont
Trespass for taking a quantity of grain and a harness. Plea, the general issue, and trial by the court, — Rebeield, J., presiding.
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Trespass for taking a quantity of grain and a harness. Plea, the general issue, and trial by the court, — Rebeield, J., presiding. It appeared, on trial, that the plaintiff, who was a collector of taxes, having taxes against the defendant, went to a farm, which had then recently been owned by the defendant, but which he had sold to one Smith, who then lived on the farm, the defendant, however, having permission to remain temporarily upon the farm, and having there cattle, hay, &c., besides the property in question ; that the defendant was then absent, and Smith informed the plaintiff of that…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The principal question raised in this case, and the only one necessary to be considered, is, whether the plaintiff, by his alleged distreining of the property, for which the action is brought, created a lien upon the property, and continued it, until the taking and conversion of the property by the defendant.
The plaintiff having legal rate bills for taxes against the defendant, and warrants empowering him to collect the same, if by his proceedings, as detailed in the bill of exceptions, he created a valid lien upon the property and continued…
2Cited by2 opinions
- Barnes v. HallSupreme Court of Vermont · 1883
- Barney v. RockwellSupreme Court of Vermont · 1888