Legal Opinion

Smith v. Niles

Supreme Court of Vermont

Decided February 15, 1848PublishedCited by 18 opinions

Trespass on the Case for taking nine cows, belonging to the plaintiff, from the possession of one William M. Brown, to whom they had been let to hire for a term of years then unexpired. The declaration contained also a count in trover. The action was tried by the court, May Term, 1846, — Williams, Ch. J., presiding,— upon a statement of facts agreed to by the parties, which was substantially as follows.

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Trespass on the Case for taking nine cows, belonging to the plaintiff, from the possession of one William M. Brown, to whom they had been let to hire for a term of years then unexpired. The declaration contained also a count in trover. The action was tried by the court, May Term, 1846, — Williams, Ch. J., presiding,— upon a statement of facts agreed to by the parties, which was substantially as follows. On the fifth day of March, 1842, Samuel H. Smith, 2d, leased to William M. Brown a farm for the term of three years from the first day of April, 1842; and the lease also contained this…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

It is claimed by the defendant’s counsel, that by the lease between Samuel Smith, 2nd, and William M. Brown the entire and absolute property in the cows in question passed to Brown, and that the sheriff’s sale to the plaintiff, consequently, upon the authority of the case of Griffith v. Fowler, 18 Vt. 390, passed no property to him. But we think it was not the intention of the parties, that the lease should have that effect. The lease says, that Samuel H. Smith is to furnish ten cows for Brown, to be kept upon the farm leased, for three…

2Cases cited2 opinions

  1. Griffith v. FowlerSupreme Court of Vermont · 1846
  2. Van Antwerp v. NewmanNew York Supreme Court · 1824

3Cited by18 opinions

  1. Mussey v. NoyesSupreme Court of Vermont · 1854
  2. Arnold v. North American Chemical Co.Massachusetts Supreme Judicial Court · 1919
  3. Corning v. RecordsSupreme Court of New Hampshire · 1898
  4. Edgar v. ParsellMichigan Supreme Court · 1915
  5. Stanley v. RobbinsSupreme Court of Vermont · 1863

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