Pond v. Baker
Supreme Court of Vermont
Trespass and Trover. Plea, general issue. Trial by court, September Term, 1884, Franklin County, Royce, Ch. J. , presiding. Judgment for the defendants. It appeared: On October 1, 1878, and for some time previous thereto, one John Campbell was the owner of a farm in Montgomery, known as the Kelton farm; and on October 1, the personal property declared for was on said farm and in his possession.
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Trespass and Trover. Plea, general issue. Trial by court, September Term, 1884, Franklin County, Royce, Ch. J. , presiding. Judgment for the defendants. It appeared: On October 1, 1878, and for some time previous thereto, one John Campbell was the owner of a farm in Montgomery, known as the Kelton farm; and on October 1, the personal property declared for was on said farm and in his possession. On October 1, John Campbell leased said farm to G. M. Campbell for one year, by a verbal lease. The lessee was to have the use of one horse, twenty-one cows, one double wagon, one pair of work…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The defendants contend that the attachment made by the plaintiff, if sufficient in other respects, was inoperative to create any lien in his favor on a portion of the property returned by him as attached, for the reason, that it was then under an attachment made by H. B. Ladd, as constable of Montgomery. Ladd’s attachment was made on the 18th of July, 1878, by leaving a copy of the writ with his return thereon in the town clerk’s office. It is settled that while such an attachment of personal property exists, the same property cannot…
2Cases cited13 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Fullam v. StearnsSupreme Court of Vermont · 1857
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- Paul v. BurtonSupreme Court of Vermont · 1859
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