Bucklin v. Beals
Supreme Court of Vermont
This was an action of trover, wherein the plaintiff claimed to recover of the defendants Beals and William Thomas, for an alleged conversion of six cows and one pair of stags. Defendant Thomas was defaulted. Beals plead the general issue. Trial by jury at the April Term, 1865, Barrett, J. presiding.
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This was an action of trover, wherein the plaintiff claimed to recover of the defendants Beals and William Thomas, for an alleged conversion of six cows and one pair of stags. Defendant Thomas was defaulted. Beals plead the general issue. Trial by jury at the April Term, 1865, Barrett, J. presiding. The plaintiff’s evidence tended to show that he let his farm in Halifax, on which he was living, to Thomas, for one year, beginning with March 5th, 1863, at the halves, Thomas then moving into and occupying with the plaintiff the house on said farm through the year ; that the plaintiff had very…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The first question presented by the bill of exceptions is, whether upon the facts it was necessary to make a demand for the property before bringing the suit. No demand is necessary where the evidence is sufficient to prove a conversion of the property, and as to a conversion of the property the court instructed the jury that if they should find that the defendant, Beals, did not get a title to the cattle in question by his purchase of Thomas, the act of Beals in driving them away, and keeping and exercising dominion over them as his own…
2Cases cited4 opinions
- Grant v. KingSupreme Court of Vermont · 1842
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Riford v. MontgomerySupreme Court of Vermont · 1835
- Deering v. AustinSupreme Court of Vermont · 1861
3Cited by10 opinions
- Velsian v. LewisOregon Supreme Court · 1888
- Town of Roxbury v. Central Vermont R. R.Supreme Court of Vermont · 1887
- Mower v. McCarthySupreme Court of Vermont · 1906
- Pantz v. NelsonMissouri Court of Appeals · 1939
- In re Application of Beach Properties, Inc.Supreme Court of Vermont · 2015
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