Gilbert v. Vail
Supreme Court of Vermont
RepleviN. Trial by court, Rutland County Court, March Term, 1887, Taet, J., presiding. Judgment for the defendant for a return of the property and $70 damages and his costs. The defendant was the constable of the town of Pawlet.
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RepleviN. Trial by court, Rutland County Court, March Term, 1887, Taet, J., presiding. Judgment for the defendant for a return of the property and $70 damages and his costs. The defendant was the constable of the town of Pawlet. The mortgagee, Whitcomb, after the sale of the cows in contention by the assignee, put his chattel mortgage into the defendant’s hands, and directed him to take the cows; and thereupon he did take said cows by virtue of the mortgage, and was proceeding to advertise and sell the same according to the provision of the statute when they were replevied. The fourth…
1Opinion of the Court
Opinion of the court was delivered by
Ross, J.
The controversy is in reference to the title and right to the possession of fourteen cows. The plaintiff claims title by reason of a purchase at the sale by the assignee in insolvency of O. J. & O. E. Train, and the defendant, the representative of Austin S. Whitcomb, by virtue of a chattel mortgage from the Trains. The sale by the assignee was of the whole title to the cows. It was not a sale of the equity of the Trains, regarding the mortgage to Whitcomb as a subsisting lien. None of the provisions of the statute regulating the sale óf the equity…
2Cases cited3 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Beech v. RichSupreme Court of Vermont · 1841
- Eastman v. WatermanSupreme Court of Vermont · 1854
3Cited by10 opinions
- Mower v. McCarthySupreme Court of Vermont · 1906
- Drouin v. Boston & Maine R. R.Supreme Court of Vermont · 1902
- Fitch v. AmsdenSupreme Court of Vermont · 1897
- Nichols v. BinghamSupreme Court of Vermont · 1898
- Rice's Assignees v. HulettSupreme Court of Vermont · 1891
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