Swift v. Moseley
Supreme Court of Vermont
Trover, for two oxen, three cows and nine sheep.- Plea — Not guilty. On the trial of the cause in the county court, it appeared in evidence, that, in the spring of 1835, the plaintiff leased a farm, lying in Bridport, (of which he was possessed in right" of his wife,) together with the above mentioned cattle and sheep, to one Jirah Swift, for the term of one year.
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Trover, for two oxen, three cows and nine sheep.- Plea — Not guilty. On the trial of the cause in the county court, it appeared in evidence, that, in the spring of 1835, the plaintiff leased a farm, lying in Bridport, (of which he was possessed in right" of his wife,) together with the above mentioned cattle and sheep, to one Jirah Swift, for the term of one year. By the terms of said lease, the plaintiff and said Jirah Swift, were, at the end of the year, to divide the profits of the farm and the increase of the stock, equally between them, which stock was to remain upon the farm during the…
1Opinion of the Court
The opinion of the Court was delivered by
Redeield, J.
It seems to be well settled, that the plaintiff, in trespass de bonis asportatis, or trover, in order to maintain tjhe action, must have had, at the time of the injury-complained of, either the actual custody of the thing injured or taken, or a property in it, either general or special, with the right to immediate possession. If he had the actual custody of the thing, even wrongfully, he may maintain the acr tion against every one, whose right is not superior to his.
Perhaps a mere servant could not be said to have any such .custody. His…
2Cited by21 opinions
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- Foucher v. First Vermont Bank & Trust Co.District Court, D. Vermont · 1993
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