Fitzpatrick v. Peabody
Supreme Court of Vermont
Trover for certain horses, cattle, &c. Plea, the general issue, and trial by the court, at the September Term, 1876, Rutland County, 'Wheeler, J., presiding. It appeared that in February, 1862, the plaintiff placed in the hands of one George Pond, an authorized person, two executions against Daniel Fitzpatrick, for collection.
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Trover for certain horses, cattle, &c. Plea, the general issue, and trial by the court, at the September Term, 1876, Rutland County, 'Wheeler, J., presiding. It appeared that in February, 1862, the plaintiff placed in the hands of one George Pond, an authorized person, two executions against Daniel Fitzpatrick, for collection. One was for the sum of $92.30, and the other for the sum of $542.22. They were dated respectively February 3 and February 10, and were issued on judgments on just debts. Pond levied on certain horses, cattle, &c., belonging to the execution debtor, and sold them to the…
1Opinion of the Court
*197The opinion of the court was delivered by
Ross, J.
The decision of this case, on the facts found by the County Court, turns on the character of the sale by Pond, as an authorized person, of the property in question to the plaintiff. If that sale is to be regarded as a sheriff’s sale, the plaintiff is entitled to recover, although he allowed the property sold to remain in the possession o-f the judgment debtor, such sales being an exception to the general rule, which requires a change of possession of personal property sold, to protect it from attachment by the creditors of the vendor or former…
2Cases cited14 opinions
- Drake v. MooneySupreme Court of Vermont · 1859
- Hall v. RaySupreme Court of Vermont · 1868
- Wood v. DoaneSupreme Court of Vermont · 1848
- Webster v. DenisonSupreme Court of Vermont · 1853
- Burroughs v. WrightSupreme Court of Vermont · 1844
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3Cited by3 opinions
- Caswell v. JonesSupreme Court of Vermont · 1893
- Goodrich v. ChappellSupreme Court of Vermont · 1916
- Murray & Reed v. ChadwickSupreme Court of Vermont · 1880