Wilkinson v. Wait
Supreme Court of Vermont
TROVER, for the conversion of a pair of oxen. Plea, the general issue, and trial by the jury at the April term, 1871, Barrett, J., presiding. The taking was admitted ; defendant justified as constable of Londonderry, under sundry writs of attachment against the plaintiff. The important question in the case was whether this pair of oxen were exempt from attachment, as the only pair of oxen the plaintiff then owned.
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TROVER, for the conversion of a pair of oxen. Plea, the general issue, and trial by the jury at the April term, 1871, Barrett, J., presiding. The taking was admitted ; defendant justified as constable of Londonderry, under sundry writs of attachment against the plaintiff. The important question in the case was whether this pair of oxen were exempt from attachment, as the only pair of oxen the plaintiff then owned. Defendant’s evidence tended to show that plaintiff absconded from Weston, Vt., the latter part of March, 1869, and had never since been heard of. At the time he left he was…
1Opinion of the Court
*513The opinion of the court was delivered by
Peck, J.
The jury have found that the pair of oxen in question were the only oxen the plaintiff owned, unless the oxen in Lincoln’s possession at the time the defendant attached the oxen in question, were also the property of the plaintiff within the meaning of the statute exempting one pair of oxen from attachment. The jury having also found-that the oxen in Lincoln’s possession were there under a contract of sale for $240 by plaintiff to Lincoln, with a stipulation that they were to remain the plaintiff’s property till “ paid for,” the court was right…
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