Hines v. Soule
Supreme Court of Vermont
Trespass for taking a yoke of oxen. Plea general issue, and trial by jury. On the trial in the county court, after proof of the taking, the defendant proved that he took the property, as constable of Fairfax, on a writ of attachment against one William Lawson, and as said Lawson’s property.
Read the full summary
Trespass for taking a yoke of oxen. Plea general issue, and trial by jury. On the trial in the county court, after proof of the taking, the defendant proved that he took the property, as constable of Fairfax, on a writ of attachment against one William Lawson, and as said Lawson’s property. The testimony detailed in the bill of exceptions tended, on the part of the plaintiffs, to prove that the oxen in question were the property of D. B. Rood, and had by him been let to Lawson, and that, subsequently, the plaintiffs hired them of Rood, and took them into their possession. The testimony on the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question raised upon this bill of exceptions, upon which the defendant relies, relates to the admissions of William Lawson. Were they admissible in evidence ? The defendant had attached the oxen, in question, as the property of Lawson, and he succeeds, sub modo, by the operation of law, to all his rights in them. It has, I conceive, been frequently decided,that such declarations of the vendor made before sale, as would be evidence against himself, are admissible against his vendee; and as to this question, it is the same thing…
2Cases cited5 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1832
- Bristol v. DannNew York Supreme Court · 1834
- Weidman v. KohrSupreme Court of Pennsylvania · 1818
3Cited by7 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Boone County Bank v. WallaceIndiana Supreme Court · 1862
- Hayward Rubber Co. v. DunckleeSupreme Court of Vermont · 1856
- Ellis v. HowardSupreme Court of Vermont · 1845
- Alger v. Andrews & BaldwinSupreme Court of Vermont · 1875
2 more not listed; retrieve them via the Exa API.