Legal Opinion

Spooner v. Reynolds

Supreme Court of Vermont

Decided January 15, 1878PublishedCited by 3 opinions

Trespass, with a count in trover, for a wagon, parts of two harnesses, and a straw-cutter, alleged to be the separate property of Rhoda Spooner, the plaintiff wife. Plea, the general issue, and special pleas, alleging that the defendant, as deputy sheriff, attached the property in question on a writ against the plaintiff Oliver EL Spooner, in favor of Terrill Brothers, and sold the same on execution issued on judgment rendered thereon.

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Trespass, with a count in trover, for a wagon, parts of two harnesses, and a straw-cutter, alleged to be the separate property of Rhoda Spooner, the plaintiff wife. Plea, the general issue, and special pleas, alleging that the defendant, as deputy sheriff, attached the property in question on a writ against the plaintiff Oliver EL Spooner, in favor of Terrill Brothers, and sold the same on execution issued on judgment rendered thereon. Trial by jury, September Term, 1877, Pierpoint, C. J., presiding. It appeared that the property was attached and sold as alleged. It was conceded that the…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The principal question in this case is, whether the plaintiff, Rhoda Spooner, had a title to the property sued for at the time it was taken by the defendant that she can maintain against the attaching creditors of her husband. No question is made but that the property was paid for with money that she received from the United States Government as a pensioner. The money she received as such pensioner, while it remained in her possession, was hers. It was not subject to the control of her husband, and could not be reached by his creditors. The…

2Cases cited2 opinions

  1. Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
  2. Richardson v. WaitSupreme Court of Vermont · 1867

3Cited by3 opinions

  1. Parrett v. PalmerIndiana Court of Appeals · 1893
  2. Leavitt v. JonesSupreme Court of Vermont · 1882
  3. Walston v. AllenSupreme Court of Vermont · 1909

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