Downs v. Belden
Supreme Court of Vermont
Trover for a mare and a yoke of oxen. Flea, the general issue, and trial by jury, September term, 1873, Barrett, J., presiding.
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Trover for a mare and a yoke of oxen. Flea, the general issue, and trial by jury, September term, 1873, Barrett, J., presiding. The plaintiff’s evidence tended to show that he purchased said property in June, 1869, at Sandersfield, Mass., of one James Belden, of said Sandersfield, and paid therefor the sum of $240, and then took and kept the possession and control thereof, till the defendant took the same to Vermont; that the plaintiff resided in said Belden’s family before and at the time of said purchase, and continued to make it his home there till after the- said Belden died, September 8,…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Oh. J.
The defendant insists that the testimony of the plaintiff as to the purchase of the property in question of James Belden, should have been excluded under § 24, ch. 36, of the Gen. Sts., the said James Belden being dead. This is an action of trover to recover the value of the property in question. The cause of action in issue is the unlawful conversion of the *677property by the defendant. The parties to this cause of action are both living ; hence the case does not come within the letter of the statute, as in Hollister, admr. v. Young, 41…
2Cases cited7 opinions
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- Morse v. LowSupreme Court of Vermont · 1872
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3Cited by17 opinions
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