Wood v. Doane
Supreme Court of Vermont
Trespass for taking certain personal property. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1847, — Davis, J., presiding. It appeared, that the property, when taken, was in the possession of one Hurlburt, and was taken by the defendant, as deputy sheriff, as the property of Hurlburt, in a suit against him.
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Trespass for taking certain personal property. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1847, — Davis, J., presiding. It appeared, that the property, when taken, was in the possession of one Hurlburt, and was taken by the defendant, as deputy sheriff, as the property of Hurlburt, in a suit against him. The plaintiff claimed title to the property under a sheriff’s sale of the same, as the property of Hurlburt, upon an execution in favor of one Merriam against him, and gave in evidence the record of the judgment and the execution, with…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in this case is, whether the sale of the property upon Merriam’s execution against Hurlburt is to be regarded as a sheriff’s sale. There can be no doubt, that it was sufficient to divest the title of the debtor; — 1, Because any informality in the proceedings of the sheriff will not defeat the title of the purchaser, if the proceedings be substantially in conformity to the law, even when it appears upon the face of the return; — 2, The debtor assented to the sale’s being at the place where it was, or did not object, and…
2Cases cited2 opinions
- Burroughs v. WrightSupreme Court of Vermont · 1844
- Administrator of Janes v. MartinSupreme Court of Vermont · 1835
3Cited by7 opinions
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890
- Jewett v. GuyerSupreme Court of Vermont · 1865
- Michels v. StorkMichigan Supreme Court · 1883
- Fairbanks v. BenjaminSupreme Court of Vermont · 1877
- Hackett v. AmsdenSupreme Court of Vermont · 1885
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