Legal Opinion

Roberts v. Hunt

Supreme Court of Vermont

Decided May 15, 1889PublishedCited by 7 opinions

This was an action of trover for a horse, and was heard at the-September Term, 1887, Taft, J., presiding, upon agreed statement of facts. Judgment for the defendant; exceptions by the plaintiff.

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This was an action of trover for a horse, and was heard at the-September Term, 1887, Taft, J., presiding, upon agreed statement of facts. Judgment for the defendant; exceptions by the plaintiff. The following is the agreed statement: “ The defendant about February first, 1886, sold plaintiff a-, horse, reserving thereon a conditional sale lien, by the terms of which plaintiff was to pay the defendant ten dollars on the Saturday next after and ten dollars the succeeding Saturdays until he had paid the sum of sixty dollars, the balance of the purchase money, and the horse to remain the property…

1Opinion of the Court

The opinion of the court was delivered by

Tyler, J.

The question in this case is, what force and effect-are to be given to No. 93 of the Acts of 1884. Section 5 of’ that act is as follows:

“ The vendor of personal property sold conditionally, with a lien reserved thereon, or his assignee may, after thirty days from-the time of condition broken, cause the property upon which the-lien exists, or so much thereof as may be necessary, to be taken and sold at public auction, by a public officer, at a public place, in the town where the person giving the lien resides, or where-the property is, notice…

2Cases cited2 opinions

  1. Hurd v. FlemingSupreme Court of Vermont · 1861
  2. Lamb v. ClarkSupreme Court of Vermont · 1857

3Cited by7 opinions

  1. Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
  2. United States v. One Buick AutomobileDistrict Court, D. Vermont · 1927
  3. Clark v. ClementSupreme Court of Vermont · 1903
  4. French v. OsmerSupreme Court of Vermont · 1895
  5. Smith v. WoodSupreme Court of Vermont · 1891

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