Burrows v. Stebbins & Kenney
Supreme Court of Vermont
Trover for a quantity of cord wood. Plea, not guilty, and trial by jury. On the trial, tbe evidence tended to show that on the 31st day of March, 1851, the plaintiff purchased of Benjamin H. Peeler, a farm in Yernon, on which said Peeler then resided, and took a deed of the same, and at the same time purchased of him certain personal property and took a bill of sale of the same.
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Trover for a quantity of cord wood. Plea, not guilty, and trial by jury. On the trial, tbe evidence tended to show that on the 31st day of March, 1851, the plaintiff purchased of Benjamin H. Peeler, a farm in Yernon, on which said Peeler then resided, and took a deed of the same, and at the same time purchased of him certain personal property and took a bill of sale of the same. The wood mentioned in the bill of sale lay in various piles and parcels, and some dispersed and scattered in piles around in the vicinity of the dwelling house upon said farm. That Peeler, in the course of the night…
1Opinion of the Court
The opinion of the court was delivered by
Red field, Ch. J.
The only question reserved in this case is in regard to the sufficiency of the change of possession, and that seems to arise chiefly, from a misunderstanding of terms, or from understanding them differently. And having been, as would seem, somewhat misapprehended, in what I said in-the case of Stephenson v. Clark, 20 Vt. 624, it is possible I may not be able to escape all liability to the same thing, in this case.
I recollect, that sobre of the judges have heretofore said, and possibly some such dicta may be found, that a question of…
2Cases cited2 opinions
- Hall v. ParsonsSupreme Court of Vermont · 1845
- Stephenson v. ClarkSupreme Court of Vermont · 1848
3Cited by3 opinions
- Foss v. TowneSupreme Court of Vermont · 1925
- Parker v. KendrickSupreme Court of Vermont · 1857
- Henshaw v. Bank of Bellows FallsMassachusetts Supreme Judicial Court · 1858