Boutwell v. Harriman
Supreme Court of Vermont
Trover with count in trespass. Plea, general issue. Trial by court, April Term, 1885, Powers, J., presiding. Judgment for plaintiff against defendant, Harriman; and for defendant, Wiswell, to recover his costs.
Read the full summary
Trover with count in trespass. Plea, general issue. Trial by court, April Term, 1885, Powers, J., presiding. Judgment for plaintiff against defendant, Harriman; and for defendant, Wiswell, to recover his costs. It appeared that the wife of defendant Wiswell was the sole owner of a mortgage secured on the plaintiff’s farm; that she had obtained a decree of foreclosure, and that the time of redemption expired October 1, 1880; that in July, 1880, Mr. Lamson, acting under authority from Mrs. Wis-well attempted to get possession of the farm, but did not succeed in doing so. The defendant’s…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The entry of the defendant upon the premises where the oats were, and the cutting and threshing them, was a trespass. What was done by the defend*518ant was an exercise of dominion over them which was inconsistent with the right of the owner. Their quality was changed, and the evident intention was to appropriate them to the use of a third person; those acts were a conversion of the property. The oats and straw were left in the possession of the plaintiff, but they were not appropriated to his use, and were consumed by stock which Mrs. Wiswell…
2Cases cited2 opinions
- Hill v. CoxSupreme Court of Vermont · 1882
- Whiting v. DowSupreme Court of Vermont · 1869
3Cited by4 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Judd v. BallardSupreme Court of Vermont · 1894
- Bombardier v. GoodrichSupreme Court of Vermont · 1920
- Eastman v. JacobsSupreme Court of Vermont · 1932