Legal Opinion

Lynde & Morse v. Melvin

Supreme Court of Vermont

Decided August 15, 1839PublishedCited by 3 opinions

This was an action of trover, for a cow. Plea, the general issue, and trial by jury. Upon the trial in the court below, the plaintiffs proved in support of the action, that, on the 17tb day of August, 1837, one Downer, a deputy sheriff, had in his hands, for collection, a writ of execution, in their favor against one Luther Kidder, for about twelve dollars, including said Downer’s fees thereon; that said Downer, as the agent of the plaintiffs, received of said Kidder a bill…

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This was an action of trover, for a cow. Plea, the general issue, and trial by jury. Upon the trial in the court below, the plaintiffs proved in support of the action, that, on the 17tb day of August, 1837, one Downer, a deputy sheriff, had in his hands, for collection, a writ of execution, in their favor against one Luther Kidder, for about twelve dollars, including said Downer’s fees thereon; that said Downer, as the agent of the plaintiffs, received of said Kidder a bill of sale, from said Kidder to the plaintiffs, of the cow in question, the same being then in the possession and use of…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.,

The general rule that, upon the sale of personal property, the vendee must take possession, and that the change in the possession must be substantial and visible, or otherwise it will be fraudulent, per se. and void against creditors, is not to be questioned. This rule is founded upon the soundest policy, the object of which is the prevention of fraud, but the reason of the rule does not extend to a case where the vendor, at the time of sale, had but a constructive possession of the chattel, or to a case where it is exempt from attachment…

2Cited by3 opinions

  1. Shortsleeves v. TrovilleSupreme Court of Vermont · 1922
  2. Allen v. KnowltonSupreme Court of Vermont · 1875
  3. Morse v. AndrewsSupreme Court of Vermont · 1942

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