Skiff v. Solace
Supreme Court of Vermont
Trespass for two horses, a wagon and harness. Plea, the general issue, and trial by jury, June Term, 1849, — Bennett, J., presiding. The plaintiff proved, that the property in question belonged to one-Perkins, who resided at Schroon, in the state of New York, and gave in evidence a mortgage of the property executed to the plaintiff by Perkins, at Scroon, April 27, 1848, and recorded in the proper office in the state of New York.
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Trespass for two horses, a wagon and harness. Plea, the general issue, and trial by jury, June Term, 1849, — Bennett, J., presiding. The plaintiff proved, that the property in question belonged to one-Perkins, who resided at Schroon, in the state of New York, and gave in evidence a mortgage of the property executed to the plaintiff by Perkins, at Scroon, April 27, 1848, and recorded in the proper office in the state of New York. This mortgage, reciting that Perkins was indebted to the plaintiff in the sum of $160,00, conveyed to the plaintiff, among other things, the property in question, as…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
Upon the bill of exceptions two questions are raised for consideration.
1. It is insisted, that, in order to entitle the plaintiff to recover in this suit, he must have had either the actual or constructive possession of the property, at the time it was taken by the defendant: This principle is well settled and seems not to be controverted by the plaintiff. He, however, insists, that he was the owner of the property at the time of the attachment and was entitled to immediate possession, and that consequently he was constructively in…
2Cases cited4 opinions
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Woodward v. GatesSupreme Court of Vermont · 1837
- Soper v. SumnerSupreme Court of Vermont · 1833
- Batchelder v. WarrenSupreme Court of Vermont · 1847
3Cited by11 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Golden v. CockrilSupreme Court of Kansas · 1862
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Turnbull v. ColeSupreme Court of Colorado · 1921
- Cobb v. BuswellSupreme Court of Vermont · 1864
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