Webster v. Denison
Supreme Court of Vermont
Trespass for a yoke of oxen. Plea, the general issue, and notice that defendant, as duly authorized by two writs of attachment, against one John R. Morse, took said oxen as the property of said Morse, and that judgments were duly rendered in said suits and executions issued, and said oxen thereon legally sold.
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Trespass for a yoke of oxen. Plea, the general issue, and notice that defendant, as duly authorized by two writs of attachment, against one John R. Morse, took said oxen as the property of said Morse, and that judgments were duly rendered in said suits and executions issued, and said oxen thereon legally sold. Trial by jury-' On the trial, the plaintiff offered testimony tending to prove, that on the 31st day of January, 1846, the said John R. Morse was indebted to him on book account, in the sum of $21 43, and that at that time the plaintiff let said Morse have $19 00 in money, for both of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The only question in the present case is, whether a creditor is at liberty to make use of a confession of judgment, by his debtor, and a sale of his personal property upon execution, to create a lien merely upon such property to secure the debt. For if that can be done, we do not perceive why this was not fairly done.
It has often been held, that an absolute conveyance of property from a debtor, owing other debts at the time, to secure one creditor, and which is represented by the parties and justified as being an actual absolute…
2Cases cited1 opinion
- Barker v. FrenchSupreme Court of Vermont · 1846
3Cited by6 opinions
- Hammond v. McDonaldCalifornia Court of Appeal · 1942
- Ullrich v. SchrammCourt of Appeals of Texas · 1933
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Taylor v. WaitSupreme Court of Vermont · 1880
- Hammond v. McDonaldCalifornia Court of Appeal · 1942
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