Cross v. Marston
Supreme Court of Vermont
Trover for a case of drawers and a show case. Plea, the general issue, with notice of special matter of defence, and trial by jury. On trial the evidence on the part of the plaintiff tended to prove the following facts.
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Trover for a case of drawers and a show case. Plea, the general issue, with notice of special matter of defence, and trial by jury. On trial the evidence on the part of the plaintiff tended to prove the following facts. A shop in the village of Montpelier was owned by one Jenkins, and by him occupied as a goldsmith’s shop until the time of his decease, which was in 1836. Before his decease he had mortgaged the premises to the plaintiff and Ira Day, to secure a debt due to them as partners. While Jenkins was occupying the shop he had procured the drawers in question, made to fit in a…
1Opinion of the Court
*539The opinion of the court was delivered by
Hebard, J.
There is ro question made by either side, but that the articles ih controversy in this suit, at the time the plaintiff became possessed of them, were personal property ; but it is insisted that they became attached to the building, and passed by the deed from Day to the défendant on the 22d of April, 1843. The plaintiff purchased the articles in question in 1836, while he and Day had a mortgage upon the building, in which they then were, and took the case of drawers from the building and carried them to his store. In 1838, Day, who had ¡then…
2Cases cited1 opinion
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