Legal Opinion

Tittemore v. Labounty

Supreme Court of Vermont

Decided May 15, 1888PublishedCited by 4 opinions

RepleviN for a colt. Heard by the court, September Term, 1887, Veazey, J., presiding. Judgment for the' defendant for a return of the property. The plaintiffs claimed the colt was the property, of the plaintiff wife, who was the daughter of Alpheus Harding, who deceased in 1884. The said plaintiff husband testified that said Alpheus gave the colt to his wife.

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RepleviN for a colt. Heard by the court, September Term, 1887, Veazey, J., presiding. Judgment for the' defendant for a return of the property. The plaintiffs claimed the colt was the property, of the plaintiff wife, who was the daughter of Alpheus Harding, who deceased in 1884. The said plaintiff husband testified that said Alpheus gave the colt to his wife. The court found: There was other evidence, not objeeted to and undisputed, tending to show a gift of the colt by the said Alpheus to his said daughter, but without any delivery of the same to her; upon this latter evidence alone, the…

1Opinion of the Court

The opinion of the court was delivered by'

Ross, J.

On the facts found, Frank Harding had no authority to sell the colt to the defendant’s father. Hence, the father obtained no title to the colt by the purchase and conveyed none by his sale to the defendant. The defendant, therefore, held the colt at the time this suit was brought, without title or right to its possession.

The title to the colt and right to its possession at the time were either in the plaintiff wife or in the estate of her father, Alpheus Harding. For the purpose of this suit it is unimportant to determine in which the title…

2Cases cited3 opinions

  1. Sprague v. ClarkSupreme Court of Vermont · 1868
  2. Wills v. BarristerSupreme Court of Vermont · 1863
  3. Wilder v. StaffordSupreme Court of Vermont · 1858

3Cited by4 opinions

  1. Quigley v. WileySupreme Court of Vermont · 1935
  2. Thompson-Starrett Co. v. PlunkettSupreme Court of Vermont · 1915
  3. Cramton v. ChapmanSupreme Court of Vermont · 1911
  4. Pelton v. DraperSupreme Court of Vermont · 1889

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