Cooper v. Cole
Supreme Court of Vermont
Trespass for oats, grass seed, hay and stubble, with a count in trover for the same property. Plea, the general issue, with notice that the property was taken by Parker as deputy sheriff on process in favor of Cole, as the property of Selden Gray. Trial by jury, June Term, 1863, Poland, Ch. J., presiding.
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Trespass for oats, grass seed, hay and stubble, with a count in trover for the same property. Plea, the general issue, with notice that the property was taken by Parker as deputy sheriff on process in favor of Cole, as the property of Selden Gray. Trial by jury, June Term, 1863, Poland, Ch. J., presiding. The taking of the property was admitted by the defendants, and the plaintiff conceded that it was taken on process against Gray, and that all the proceedings were regular and legal, provided the property was subject to attachment by the creditors of Gray as against the plaintiff. The…
1Opinion of the Court
The opinion of the court was delivered by
Kei&ogg, J.
The question in this case is whether the lien reserved to the plaintiff in the lease executed by him to Humphrey on the crops to be grown upon the demised premises was effectual as against an attaching creditor of an assignee of Humphrey ; and the decision of this question depends mainly on the character of the actual relation in respect to the premises which existed between the plaintiff and Humphrey at the time when the lease was executed. The facts which determine the character of that relation are undisputed.
Humphrey was the owner of the…
2Cases cited9 opinions
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Bellows v. WellsSupreme Court of Vermont · 1864
- Briggs v. OaksSupreme Court of Vermont · 1853
- Paris v. VailSupreme Court of Vermont · 1846
- Baxter v. BushSupreme Court of Vermont · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Phelps v. RootSupreme Court of Vermont · 1906
- Fox, Baum & Co. v. KcKinney & SmithOregon Supreme Court · 1881
- Hamblet v. BlissSupreme Court of Vermont · 1883
2 more not listed; retrieve them via the Exa API.