Woodbury v. Parker
Supreme Court of Vermont
Trover for a pair of oxen. Plea, the general issue, and trial by jury, May Term, 1844. — Hebjsrd, J., presiding. On trial the plaintiff, to prove’ title in’ himself to- the oxen, offer-* ed in evidence’ an execution in favor of Solomon Downer against Jay Wilson arid Iliriam Wilson, which it was conceded was placed in the hands of the plaintiff, as deputy sheriff, for' collection,- and also the return of the plaintiff theré’on, as deputy sheriff, from which it appeared, that…
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Trover for a pair of oxen. Plea, the general issue, and trial by jury, May Term, 1844. — Hebjsrd, J., presiding. On trial the plaintiff, to prove’ title in’ himself to- the oxen, offer-* ed in evidence’ an execution in favor of Solomon Downer against Jay Wilson arid Iliriam Wilson, which it was conceded was placed in the hands of the plaintiff, as deputy sheriff, for' collection,- and also the return of the plaintiff theré’on, as deputy sheriff, from which it appeared, that the property in question was turned out to the plaintiff by Hiram Wilson, to be levied upon, and that the property was…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
On trial the plaintiff, to show title to the property sued for, produced in evidence a writ of execution in favor of Solo* mon Downer against Jay Wilson and Hiram Wilson, together with his (the plaintiff’s) return upon it, as a deputy sheriff, showing a levy upon the oxen, being the property of Hiram Wilson, and a sale of the same at auction to himself. The return was objected to, as not legally tending to show title, and was excluded by the court. The correctness of that decision is the only matter to be considered.
The case, by the bill…
2Cases cited1 opinion
- Mills v. GoodsellSupreme Court of Connecticut · 1825
3Cited by7 opinions
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Love v. WellsIndiana Supreme Court · 1865
- Banks v. WertsIndiana Supreme Court · 1859
- Chandler v. MoultonSupreme Court of Vermont · 1860
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