Wright v. Vaughn
Supreme Court of Vermont
Trespass for a wagon. The case was referred, and fhe referee reported the following facts: The defendant purchased the wagon of one Ballou, who bid it off at sheriff’s sale on an execution in favor of Taylor v. Bolster, December 9, 1869. About the first of April, 1868, one Ainsworth contracted to sell said Bolster a farm, and some personal ; property thereon, among which was the wagon in question, for all which Bolster gave his note.
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Trespass for a wagon. The case was referred, and fhe referee reported the following facts: The defendant purchased the wagon of one Ballou, who bid it off at sheriff’s sale on an execution in favor of Taylor v. Bolster, December 9, 1869. About the first of April, 1868, one Ainsworth contracted to sell said Bolster a farm, and some personal ; property thereon, among which was the wagon in question, for all which Bolster gave his note. Bolster took possession of the farm and property under said contract. After Bolster went into possession, Ainsworth executed a deed to him; but he would not…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The referee having found that at the time the trade was made between Ainsworth and Bolster, there was no lien to bp.reserved to Ainsworth on the personal property, of which the wagon in question is part, but that it was then sold and delivered absolutely to Bolster, which was about April 1, 1868, we must regard this finding of the fact as conclusive. No attempt was made to create any lien or condition in favor of Ainsworth upon the personal property till June 24th of the same year, when Ainsworth executed and caused to be recorded the deed of…
2Cited by1 opinion
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