Peck v. Batchelder
Supreme Court of Vermont
The plaintiff’s declaration contained two counts in trespass de bonis, with a count in trover. Plea, the general issue. The action was originally commenced before a justice of the peace, and came to this court by appeal and was referred.
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The plaintiff’s declaration contained two counts in trespass de bonis, with a count in trover. Plea, the general issue. The action was originally commenced before a justice of the peace, and came to this court by appeal and was referred. The referee reported that the action was brought to recover for four windows, commonly called double windows, and two side light window blinds, alleged to be the property of the plaintiff and taken by the defendant, found to be worth $18.50. It appeared from the report that the defendant was the owner of the house and premises where this property was…
1Opinion of the Court
The opinion of the court was delivered by
"Wilson, J.
The only question in this case is, whether the title to the property, described in the plaintiff’s declaration, passed to him by the defendant’s deed of April 2.9th, 1865. In order to entitle the plaintiff to recover, it was incumbent on him to show that the windows or blinds had become and were a part of the building conveyed to him by the defendant. The report of the referee finds that the blinds were never in any manner attached to the building or windows, or even fitted to them. In regard to the windows, it appears they were made for the…
2Cited by4 opinions
- Byrne v. WernerMichigan Supreme Court · 1904
- Blue v. GunnTennessee Supreme Court · 1904
- Connor v. SquiersSupreme Court of Vermont · 1878
- Brimton v. Horn, Pennsylvania Court of Common Pleas, Cumberland County1947