Jones v. Taylor
Supreme Court of Vermont
Replevin for the schooner Waterwitch. The plaintiff was described in the writ as a resident in the state of New York. The defendant pleaded that the schooner belonged to one Ban-don, also a resident in New York, and filed an avowry, acknowledging the taking of the schooner on the 24th day of November, 1854; but averred that he attached it as constable of the town of Burlington, while in Landon’s possession, in a suit against Landon in favor of a citizen of Vermont, which…
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Replevin for the schooner Waterwitch. The plaintiff was described in the writ as a resident in the state of New York. The defendant pleaded that the schooner belonged to one Ban-don, also a resident in New York, and filed an avowry, acknowledging the taking of the schooner on the 24th day of November, 1854; but averred that he attached it as constable of the town of Burlington, while in Landon’s possession, in a suit against Landon in favor of a citizen of Vermont, which suit was still pending, and under which attachment he had held the schooner until it was replevied by the plaintiff. The…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This ease involves the validity of the plaintiff’s title to property under a chattel mortgage, executed in the state of New York, where both parties to it resided, and where the property had its visible locality at the time of its execution. No question is made but what the mortgage was recorded according to the law of New York, and that the plaintiff’s title to the property in that state was valid against all persons, without a change in the possession. The only question now mooted is, simply, whether the mortgage will validate the…
2Cases cited6 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Harrison v. SterrySupreme Court of the United States · 1809
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Pickering v. FiskSupreme Court of Vermont · 1834
- Taylor v. BoardmanSupreme Court of Vermont · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Ames Iron Works v. WarrenIndiana Supreme Court · 1881
- Keenan v. StimsonSupreme Court of Minnesota · 1884
7 more not listed; retrieve them via the Exa API.