Legal Opinion

Birge v. Edgerton

Supreme Court of Vermont

Decided February 15, 1856PublishedCited by 7 opinions

TrovRr for the conversion of a quantity of logs. Plea, the general issue; trial by jury, March Term, 1855, — Pierpoint, J., presiding. The taking of the property was admitted; and it was admitted that the defendant, as sheriff of Rutland county, took them upon writs of attachment against George and Gardner Griffith, as their property, and that the same were regularly disposed of upon executions subsequently obtained against ,said Griffiths.

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TrovRr for the conversion of a quantity of logs. Plea, the general issue; trial by jury, March Term, 1855, — Pierpoint, J., presiding. The taking of the property was admitted; and it was admitted that the defendant, as sheriff of Rutland county, took them upon writs of attachment against George and Gardner Griffith, as their property, and that the same were regularly disposed of upon executions subsequently obtained against ,said Griffiths. The plaintiffs introduced in evidence, a contract executed ,by them and George Griffith and Gardner Griffith, which was as follows. “Agreement made this…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The question in this case arises, whether the logs, for which this suit is brought, were, at the time of the attachment, the property of G; & G. Griffith, or whether they were owned by the plaintiffs. If they were the property of G. & G. Griffith, the defendant was justified in taking them on the attachments in his hands. The contract under which the plaintiffs claim title to this property was made on the 21st of December, 1853, in which Gj & G. Griffith agreed to sell to the plaintiffs, three hundred cords of beech, birch, maple and basswood…

2Cases cited2 opinions

  1. Mills v. CampSupreme Court of Connecticut · 1841
  2. Sanborn v. KittredgeSupreme Court of Vermont · 1847

3Cited by7 opinions

  1. Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
  2. Fitch v. BurkSupreme Court of Vermont · 1866
  3. Ross v. DraperSupreme Court of Vermont · 1883
  4. Gibbs v. BenjaminSupreme Court of Vermont · 1872
  5. Kingsley v. WhiteSupreme Court of Vermont · 1885

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