Hopkins v. Heywood
Supreme Court of Vermont
Replevin. Plea, tbe general issue. Trial by jury at the April Term, 1912, Windham County, Fish, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The opinion states the ease.
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Replevin. Plea, tbe general issue. Trial by jury at the April Term, 1912, Windham County, Fish, J., presiding. Verdict and judgment for the plaintiff. The defendants excepted. The opinion states the ease. It was error to admit evidence that while the bureau was in her possession Mrs. Sargent called it “Mrs. Cobb’s bureau.’’’ Putnam v. Fisher, 52 Vt. 191; Chase v. Smith', 5 Vt. 556; Stevenson v. Gunnings’ Fst., 64 Vt. 601; Com. v. Fetch, 132 Mass. 22-; Eackett v. Amsden, 59 Vt. 553; 16 Cye. 1167-1168; Wood v. Willard, 36 Yt. 82; Sangatuck'Cong. Soc. v.- East Sangatuck School Hist., 53 Conn.…
1Opinion of the CourtRowell, C. J.
This is replevin for a bureau and a table. Emma Sargent died in 1901, leaving a will by which she gave to her husband, John P. Sargent, the use, interest, income, and rents of the residue of her estate, and so much of the principle thereof as he might “require to provide him with comfortable care and maintenance,” with remainder over.
Sargént was appointed executor and trustee, and sold the bureau to one of the defendants and the table to the other, neither of them knowing that he did not own the property. Sargent died in 1910, and the plaintiff was appointed trustee under the will, and…
2Cases cited10 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Lincoln v. FrenchSupreme Court of the United States · 1882
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Fresh v. GilsonSupreme Court of the United States · 1842
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3Cited by6 opinions
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Jackson v. GoodeDistrict of Columbia Court of Appeals · 1946
- Severns, Exr. v. BoylanOhio Court of Appeals · 1944
- In Re Campbell's WillSupreme Court of Vermont · 1929
- Androvitch v. FowlerUtah Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.