Enright v. Dodge
Supreme Court of Vermont
Trover for a colt. Plea, the general issue. Heard at the December term, 1889, Ross, J., presiding, upon an agreed statement of facts. Judgment for the defendant. The plaintiff excepts. The plaintiff acquired title to the colt under his mortgage.
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Trover for a colt. Plea, the general issue. Heard at the December term, 1889, Ross, J., presiding, upon an agreed statement of facts. Judgment for the defendant. The plaintiff excepts. The plaintiff acquired title to the colt under his mortgage. Clark v. Hayward et al, 51 Yt. 14; Boynton v. Bradley,54 Yt. 92; Forman et al, v. Proctor'et al, 9 B. Monroe 124; Thorpe Bros. & Co. v. Cowles et al, 65 Iowa 408; Kellogg v. Zoveley, 46 Mich. 130; Evcm et al, v. Meriken, 8 G. & J. 39. Jones Chat. Mort, s. 150; Buckmaster-v. Smith, 22 Yt.203; Chturch v. McZeod, 58 Vt, 541; Morgan v. Kidder <& Pobinson,…
1Opinion of the Court
The opinion, of the court was delivered by
START, J.
The plaintiff claims title to the colt in question under a chattel mortgage of its mother, in which the colt is in no way referred to, and its mother is described as “ one brown *503mare twelve or thirteen years old.” The mare was with foal at the time the mortgage was executed, but the mortgage contained no reference to her use or increase. The colt was four months old, weaned, and in the possession of the mortgagor at the time the defendant in good faith bought it of the mortgagor, paying full value therefor. The defendant was told at the time…
2Cases cited8 opinions
- Morrill v. NoyesSupreme Judicial Court of Maine · 1863
- Funk v. PaulWisconsin Supreme Court · 1885
- Parker v. ChaseSupreme Court of Vermont · 1890
- Kendall v. SamsonSupreme Court of Vermont · 1840
- Rogers v. HighlandSupreme Court of Iowa · 1886
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3Cited by3 opinions
- Paska v. SaundersSupreme Court of Vermont · 1931
- McLoud v. WakefieldSupreme Court of Vermont · 1898
- Desany v. ThorpSupreme Court of Vermont · 1897