Legal Opinion

Caswell v. Jones

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 1 opinion

Replevin for two cows. Plea, the general issue. Trial by, jury at .the February term, 1893, Tyler J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.' The defendant claimed title by virtue of an attachment of the cows as the property of the plaintiff’s husband. The facts appear in the opinion. Whether the sale to Smith was collusive should have been submitted to the jury.

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Replevin for two cows. Plea, the general issue. Trial by, jury at .the February term, 1893, Tyler J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.' The defendant claimed title by virtue of an attachment of the cows as the property of the plaintiff’s husband. The facts appear in the opinion. Whether the sale to Smith was collusive should have been submitted to the jury. Webster v. Denison, 25 Vt. 493 ; Taylor, Admr., v. Wait, 52 Vt. 544; Batchelder v. Carter, 2. Vt. 168; Kelley v. Hart, 14 Vt. 50; Rogers v. Vial et al., 16 Vt. 327 ; Evarts v. Burgess, 48 Vt, 205 ;…

1Opinion of the Court

The opinion of the court was delivered by

THOMPSON, J.

Albee took of the plaintiffs husband, *459Joseph C. Caswell, a cow in payment of a debt due him from the husband, and sold the cow to the plaintiff for $20, giving her a bill of sale of the same. This cow remained with the other cows of Joseph C. Caswell and in his possession from the time the plaintiff made this purchase until she exchanged her with Keniston for one of the cows re-plevied. As between the parties, the purchase of the cow by Albee and the sale by him to the plaintiff was valid without any change of possession. The plaintiff…

2Cases cited10 opinions

  1. Harrison v. McHenrySupreme Court of Georgia · 1850
  2. Fitch v. BurkSupreme Court of Vermont · 1866
  3. Leavitt v. JonesSupreme Court of Vermont · 1882
  4. Mills v. WarnerSupreme Court of Vermont · 1846
  5. Woodbury v. ParkerSupreme Court of Vermont · 1847

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3Cited by1 opinion

  1. Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937

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