Whitney v. Ladd
Supreme Court of Vermont
Trespass, de bonis asportaiis. The testimony in the County Court tended to show that the defendant and E. A. Garfield were joint owners of a printing press and types, which were attached by the plaintiff, as constable of North Hero, on a writ in favor of Horace Wads-worth against said Garfield ; that after the attachment and the removal of a part of the property attached', and before the inventory of the articles was completed, and while the plains tiff and his assistants…
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Trespass, de bonis asportaiis. The testimony in the County Court tended to show that the defendant and E. A. Garfield were joint owners of a printing press and types, which were attached by the plaintiff, as constable of North Hero, on a writ in favor of Horace Wads-worth against said Garfield ; that after the attachment and the removal of a part of the property attached', and before the inventory of the articles was completed, and while the plains tiff and his assistants were absent from the printing office, at dinner, the defendant entered the office, with a knowledge 'Of such attachment,…
1Opinion of the Court
The opinion of the court was delivered by'
Collamer, J.
The question which this case presents is this; — can one of two joint owners of personal property forcibly take it from the possession of an officer, who has legally attached it, on process against the other joint owner ?
It is first to be inquired, whether such property is subject to process, against one of the joint owners or co-partners. This has hardly been- doubted here, and has been frequently decided in England. There has indeed been some doubt what was to be sold on the execution ; whether it was the partner’s joint interest in the…
2Cases cited1 opinion
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
3Cited by7 opinions
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
- Shurtleff v. UdallSupreme Court of Vermont · 1923
- Gassett v. SargeantSupreme Court of Vermont · 1854
- Dufour v. AndersonIndiana Supreme Court · 1884
- Burton v. KennedySupreme Court of Vermont · 1891
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