Austin v. Tilden
Supreme Court of Vermont
TrespassToi- taking a stage sleigh. Plea, the general issue, and trial by jury. On the trial in the county court, the plaintiff introduced testimony tending to prove that he, with one Dow, now deceased, purchased the sleigh in question, at a sheriff’s sale, on an execution against one John Cook, and left it in possession of one Putnam, and in the same situation in which it was placed by said Cook, previous to its being taken on the execution, upon which it was sold, as…
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TrespassToi- taking a stage sleigh. Plea, the general issue, and trial by jury. On the trial in the county court, the plaintiff introduced testimony tending to prove that he, with one Dow, now deceased, purchased the sleigh in question, at a sheriff’s sale, on an execution against one John Cook, and left it in possession of one Putnam, and in the same situation in which it was placed by said Cook, previous to its being taken on the execution, upon which it was sold, as aforesaid, where it remained till taken away by defendants, as hereinafter stated. The defendants introduced testimony,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In this case it appears that Tilden, one of the defendants, purchased the property, for which this suit is brought, of the former owner; and that one Putnam,who had it in custody, was notified of the sale, and agreed to keep it for the purchaser. The sale was bona fide, and, while the property was in the possession of the bailee of the purchaser, the defendants took it away, and for this taking the plaintiff, who claims the property, has brought this action. The claim of the plaintiff is under a purchase at a sheriff’s sale.
Whether such…
2Cited by3 opinions
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- Griffith v. FowlerSupreme Court of Vermont · 1846
- Knapp v. WhiteWisconsin Supreme Court · 1876