Daniels v. Nelson
Supreme Court of Vermont
Beplevin for one bay marc.- Plea, the general issue', and notice of justification by the defendant, under -a rate-bill and warrant, as collector of school district No. 6 in'Woodbury, and the taking the property as the property of• Luke Daniels,-on tax against him. Trial by the court, March term, 1868, Peck, J., presiding. Judgment for the defendant for damages and costs and for return of the property.
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Beplevin for one bay marc.- Plea, the general issue', and notice of justification by the defendant, under -a rate-bill and warrant, as collector of school district No. 6 in'Woodbury, and the taking the property as the property of• Luke Daniels,-on tax against him. Trial by the court, March term, 1868, Peck, J., presiding. Judgment for the defendant for damages and costs and for return of the property. The plaintiff introduced evidence showing the taking by the defendant on or about the 4th of September, 1866, and tending to show that tho mare was the property'of the plaintiff by a transfer…
1Opinion of the Court
the general term, November, 1868; the opinion of the courwas delivered by
BARRETT, J.
In this case the property in question, a mare, was distrained upon a tax-warrant in satisfaction of a poll-tax against the plaintiff’s father, there being no tax against him on account of said mare or of any other property. The county court found the legal title to the property to be in the plaintiff, as between him and his father, by a contract made in good faith; and not fraudulent in fact. But the court further found and held that the ostensible ownership and possession were so far in the father as to…
2Cases cited5 opinions
- Foster v. McGregorSupreme Court of Vermont · 1839
- Farnsworth v. ShepardSupreme Court of Vermont · 1834
- Picknell v. FultonSupreme Court of Vermont · 1915
- Mott v. McNielSupreme Court of Vermont · 1826
- Turner v. WaldoSupreme Court of Vermont · 1867
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