Foster v. McGregor
Supreme Court of Vermont
This was an action of trover, for one cow. Plea, general issue, and trial by jury. Upon the trial in the county court, it was admitted that on the 14th of November, 1837, the cow in question was the property of one Royal Bean, and that, on that day he executed to the plaintiff a bill of sale which is referred to as part of this case.
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This was an action of trover, for one cow. Plea, general issue, and trial by jury. Upon the trial in the county court, it was admitted that on the 14th of November, 1837, the cow in question was the property of one Royal Bean, and that, on that day he executed to the plaintiff a bill of sale which is referred to as part of this case. It appeared that at the time of the sale, and up to the time oí the attachment by the defendant, on the 8th of January, 1838, the cow in question,-was the only cow of said Bean, that the cow never came into plaintiff’s possession in fact, and was attached by the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It has long been the law in this state, and has been most undeviatingly adhered to, that upon the sale of personal property, there must be a delivery, and a substantial and visible change in the possession, or the sale is fraudulent and void against creditors.
The principle is, that the continuance of the vendor in the possession of the property after the sale, tends to give him a false credit, and enables him to impose upon third persons ; and the rule of law requiring a change of possession is well calculated to prevent fraudulent sales,…
2Cited by10 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Becker v. BeckerSupreme Court of Vermont · 1980
- Jewett v. GuyerSupreme Court of Vermont · 1865
- Leavitt v. JonesSupreme Court of Vermont · 1882
- Berkner v. LewisSupreme Court of Minnesota · 1916
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