Mills v. Warner
Supreme Court of Vermont
Trespass for taking a wagon, a mare and a fanning mill. Plea, the general issue, and trial by jury, March Term, 1845, — Bennett, J., presiding.
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Trespass for taking a wagon, a mare and a fanning mill. Plea, the general issue, and trial by jury, March Term, 1845, — Bennett, J., presiding. The plaintiff claimed title to the property in question by virtue of a purchase from her son, Charles Mills, in March, 1843; and she gave”evidence tending to prove, that at that time she purchased of Charles Mills a pair of horses, a sleigh, a harness, and the wagon and fanning mill in question, in payment of a debt due to her from Charles Mills and Claudius Mills; that she then lived with her son Myron Mills, in Burlington; and that, immediately…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The case does not find, that the plaintiff took and maintained any other possession of the wagon and fanning mill, than such as should be implied in her ownership of the farm, and her residence upon it. But the contract with her son Charles, by which he was to carry on the farm for two years upon shares, *612implied a right in him to possess and use this property in the exe cution of that contract. And it appears, that he accordingly did continue to possess and use it, as he had done before he sold it to the plaintiff. Under these…
2Cases cited2 opinions
- Farnsworth v. ShepardSupreme Court of Vermont · 1834
- Allen v. EdgertonSupreme Court of Vermont · 1831
3Cited by8 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Newman v. GarfieldSupreme Court of Vermont · 1918
- Ridout v. BurtonSupreme Court of Vermont · 1855
- Ward v. CampSupreme Court of Vermont · 1893
- Foss v. TowneSupreme Court of Vermont · 1925
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