Adams v. Dunklee
Supreme Court of Vermont
Till! Case of Adams v. Dunklee. was replevin for a quantity of rye and oats in the straw and corn in the stalk. Plea, not guilty, and trial by the jury, March Term, 1845, — IIebard, J., presiding.
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Till! Case of Adams v. Dunklee. was replevin for a quantity of rye and oats in the straw and corn in the stalk. Plea, not guilty, and trial by the jury, March Term, 1845, — IIebard, J., presiding. On trial the plaintiff gave in evidence an indenture, executed by the defendant and Timothy Olcott, by which the defendant leased to Olcott, “ for and during his natural life and the life of Hannah Olcott, his wife,” a certain farm in Chester, reserving the right to occupy and improve the same, for the purpose of enabling him to perform certain covenants upon his part, contained in the indenture,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The case of Adams v. Dunklee was replevin for a quantity of rye and oats in the straw,— and that of Sargeant v. Adams and Sherwin was trover for the same property. Sargeant, as an officer, had attached it on several writs of attachment against Dunklee, and the conversion complained of was the subsequent taking under the writ of replevin, which was served by Sherwin.
The action of replevin was prosecuted to a trial, and terminated in a judgment in favor of Dunklee, on the ground that Adams, the plaintiff therein, did not own the property…
2Cases cited1 opinion
- Olcott v. DunkleeSupreme Court of Vermont · 1844
3Cited by5 opinions
- Johnson v. BardenSupreme Court of Vermont · 1912
- Chamberlain v. RunkleIndiana Court of Appeals · 1902
- Dunklee v. AdamsSupreme Court of Vermont · 1848
- Blair v. Blair and BlairSupreme Court of Vermont · 1940
- Bennett v. BennettSupreme Court of Vermont · 1919