Dewey v. Thrall
Supreme Court of Vermont
Trespass, to recover the value of a horse, taken by Jona~ than C. Thrall, as constable of Rutland, on an execution in favor of Reuben R. Thrall, against Harris Hosford, on the 12th October, 1888, and sold on said execution.
Read the full summary
Trespass, to recover the value of a horse, taken by Jona~ than C. Thrall, as constable of Rutland, on an execution in favor of Reuben R. Thrall, against Harris Hosford, on the 12th October, 1888, and sold on said execution. On the trial in the county court, the plaintiff introduced testimony tending to prove the following facts, viz : that he held a note against said Hosford, for $100 ; and, in July or August, 1831, made a contract with said Hosford to take a two year old colt, and the colt which Hosford \s roan mare should bring the next spring, if she should bring one, and if she should…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
How far a mere contract for property, not in esse, and not exclusively the result of labor and materials like manufactured articles made to order, and before delivery, will, as between the parties, vest any property, it is not necessary now to consider. Here was possession taken, and continued for many years. The jury have found the sale bona fide, upon sufficient consideration, and that delivery and change of posession accompanied and followed the sale, and that this change of possession was in good faith, and not merely colorable. We…
2Cited by2 opinions
- Allen v. KnowltonSupreme Court of Vermont · 1875
- Foss v. TowneSupreme Court of Vermont · 1925