Child v. Pearl
Supreme Court of Vermont
Trover for a mare, and two colts of the mare. The action was commenced February 8th, 1868, and tried by the court at August term, Grand Isle county, upon the general issue, Steele, J., presiding. In 1851, the plaintiff was married to Francis Child. He died July 9th, 1864. On the 14th of February, 1865, she was again married. ' In January, 1868, she was divorced from her second husband,'Abner B. White, and resumed her name of Julia Child.
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Trover for a mare, and two colts of the mare. The action was commenced February 8th, 1868, and tried by the court at August term, Grand Isle county, upon the general issue, Steele, J., presiding. In 1851, the plaintiff was married to Francis Child. He died July 9th, 1864. On the 14th of February, 1865, she was again married. ' In January, 1868, she was divorced from her second husband,'Abner B. White, and resumed her name of Julia Child. The mare in question had been called the plaintiff’s from a colt. She was her favorite horse, being safe for her to drive and at the same time remarkable for…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
That the mare became the property of the plaintiff by the gift of her first husband, in full and absolute title, is assumed by both parties in this case. It is found by the county court that “ the gift was intended and understood as a gift to her separate use.” In Tulett v. Armstrong, 4 My. & Cr., 390, it was held that the husband could not be permitted to interfere with the property given or settled before the marriage to the separate use of the wife. And in Newland v. Paynter, Ib., 408, it was held that personal chattels bequeailed to a…
2Cases cited6 opinions
- Barron v. BarronSupreme Court of Vermont · 1852
- Caldwell v. RenfrewSupreme Court of Vermont · 1860
- Albee v. ColeSupreme Court of Vermont · 1866
- Shirley v. ShirleyNew York Court of Chancery · 1841
- Cardell v. RyderSupreme Court of Vermont · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Moayon v. MoayonCourt of Appeals of Kentucky · 1903
- George v. Dutton's EstateSupreme Court of Vermont · 1920
- Bent v. BentSupreme Court of Vermont · 1872
- Hackett v. MoxleySupreme Court of Vermont · 1892
- Kansas City v. O'ConnorMissouri Court of Appeals · 1900
12 more not listed; retrieve them via the Exa API.