Murray & Reed v. Chadwick
Supreme Court of Vermont
Trespass and trover for a sleigh, brought to the City Court of Burlington. Plea, general issue, and notice that the defendant took the sleigh as the property of Mary J. Luce, and that he took it as her agent.
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Trespass and trover for a sleigh, brought to the City Court of Burlington. Plea, general issue, and notice that the defendant took the sleigh as the property of Mary J. Luce, and that he took it as her agent. Trial by the court, Haselton, J. The plaintiffs made such title as they had to the sleigh through a sale thereof, on February 28, 1879, as the property of the defendant, on an execution issued on a judgment in their favor, to Elroy E. Wallace, their agent, who placed it in the barn of Isaac Thayer, whence it was taken by the defendant. The return on the execution did not state that…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The title of a purchaser to property bought at an official or sheriff’s sale is not dependent upon the correctness of the officer’s return upon the process under which the sale is made, nor upon the fact of whether the officer ever makes return upon the process. His title is good against the execution debtor, if the sale be made under the authority and by virtue of a valid process, *297in substantial compliance with the requisitions of the statutes. It is not dependent upon what the officer may after such sale do by way of making a return on the…
2Cases cited6 opinions
- Kendall v. SamsonSupreme Court of Vermont · 1840
- Mills v. WarnerSupreme Court of Vermont · 1846
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Hall v. ParsonsSupreme Court of Vermont · 1843
- Stiles v. ShumwaySupreme Court of Vermont · 1844
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