Batchelder v. Carter
Supreme Court of Vermont
This was an action of trespass for taking and carrying away two gelding horses, a double sleigh and harness, alleged tobe the property of the plaintiff.
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This was an action of trespass for taking and carrying away two gelding horses, a double sleigh and harness, alleged tobe the property of the plaintiff. On the trial in the County Court, on the general issue, the plaintiff proved by one John W. Batchelder, that in December, 1827, and for along time before,one JYathan-iel Batchelder, owned and had in his possession, the property in question — That in the same December, while said horses, sleigh and harness were so owned, and in the possession of said JV*. Batchelder, they, with some other personal property, were attached by Center Lamb on…
1Opinion of the CourtHutchinson, J.
delivered the oponion of the Court. The principal question in this case is, whether the possession of the property in controversy was sufficiently changed, from Nathaniel Batchelder to the plaintiff, to vest the same, and render the sale complete as against the creditors of Nathaniel Batchelder ? It is scarcely contended by the plaintiff’s counsel that here was a sufficient change of possession according to various decisions of this Court, unless this should be considered a Sheriff’s sale, like that named in Kidd vs. Rawlinson, cited by the plaintiff’s counsel, and Boar.dman vs. Keeler,…
2Cited by3 opinions
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Rogers v. VailSupreme Court of Vermont · 1844
- Caswell v. JonesSupreme Court of Vermont · 1893