Henry v. Sheldon
Supreme Court of Vermont
Trover for “ one iron and steel splitting machine.” Plea, not guilty, with notice of special matter in defence, and trial by jury at the March Term, 1862, Kellogg, J., presiding.
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Trover for “ one iron and steel splitting machine.” Plea, not guilty, with notice of special matter in defence, and trial by jury at the March Term, 1862, Kellogg, J., presiding. On trial, both parties claimed title to the property mentioned in the declaration under one V. R. Blush, — the plaintiff claiming under a sale thereof made by Blush to him for a valuable consideration, and the defendant claiming by a purchase of it at an auction sale of property sold on an execution in favor of one Cross against Blush. It was conceded that the machine, after the sale thereof by Blush to the…
1Opinion of the CourtPeck, J.
This is trover for an iron and steel splitting machine, as it is called in the exceptions. The plaintiff bought the property for a valuable consideration of one Blush, a tanner and currier, who carried on the business of his trade. The plaintiff took no possession of it, but left it in the possession of Blush, in his shop, where it remained until it was afterwards levied upon and sold by virtue of an execution against Blush, in favor of one Cross. The defendant’s title is by purchase at the sheriff’s sale on that execution. The only question in the case is whether the property was exempt from…
2Cases cited1 opinion
- Kilburn v. DemmingSupreme Court of Vermont · 1829
3Cited by2 opinions
- People v. ShakunNew York Court of Appeals · 1929
- Richardson Co. v. United StatesCourt of Customs and Patent Appeals · 1917