Church's Adm'r v. McLeod
Supreme Court of Vermont
Trover. Trial by court, June Terra, 1885, Veazey, J., presiding. Judgment for the plaintiff. The defendant bought the heifer, or cow, of one Mrs. Dickinson, on the 6th day of June, 1879, and paid for her. At this time, but without the knowledge of the defendant, 'C. L. Church, since deceased, had an unpaid, duly recorded lien on the heifer to the amount of $22. A note had been given with a lien, February 8, 1878, payable the next December. The note had been partly paid.
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Trover. Trial by court, June Terra, 1885, Veazey, J., presiding. Judgment for the plaintiff. The defendant bought the heifer, or cow, of one Mrs. Dickinson, on the 6th day of June, 1879, and paid for her. At this time, but without the knowledge of the defendant, 'C. L. Church, since deceased, had an unpaid, duly recorded lien on the heifer to the amount of $22. A note had been given with a lien, February 8, 1878, payable the next December. The note had been partly paid. The lien was: “ The six calves, for which this note is given, are to be Church’s until paid for.” The contract between…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
By the contract of February 8, 1878, the title *542to the heifer in controversy remained, in the intestate until it was paid for. Until such payment the conditional purchaser acquired no title to any of the property embraced in the contract. The record of the contract in the town clerk’s office agreeably to the requirements of the statute was constructive notice of its terms to the defendant. When he bought and sold the heifer in controversy, in legal contemplation, he bought and sold her knowing she was the property of the intestate. By such sale,…
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