Ellis v. Howard
Supreme Court of Vermont
Trespass de bonis asiportatis. Plea, the general issue, and trial-by jury. The plaintiff claimed title to the property in question by virtue of an assignment and transfer of the same to him by one Abel Hough-ton, the former owner thereof, made to secure the plaintiff for certain debts, and against certain liabilities which he had incurred for said Houghton’s benefit; and the plaintiff proved that the property was in his possession, at the time it was taken by the defendants.
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Trespass de bonis asiportatis. Plea, the general issue, and trial-by jury. The plaintiff claimed title to the property in question by virtue of an assignment and transfer of the same to him by one Abel Hough-ton, the former owner thereof, made to secure the plaintiff for certain debts, and against certain liabilities which he had incurred for said Houghton’s benefit; and the plaintiff proved that the property was in his possession, at the time it was taken by the defendants. To prove the taking by the defendants the plaintiff gave in evidence a writ of attachment, and the officer's return…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
There are several questions made in this case by the counsel for the defendants, but none of them very difficult. The first question is, whether the deposition of Hough-ton should have been admitted. The plaintiff claimed by virtue of *335a sale from Houghton, and the defendants by virtue of an attachment, which Howard and Dean, as creditors of Houghton, and Leonard, as their officer, caused to be served on the property in question. The interest of Houghton was either balanced, or, if he had any interest, it was in favor of the defendants.…
2Cases cited3 opinions
- Carpenter v. HollisterSupreme Court of Vermont · 1841
- Administrator of Seymour v. BeachSupreme Court of Vermont · 1832
- Hines v. SouleSupreme Court of Vermont · 1842
3Cited by10 opinions
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Boston & Albany Railroad v. ShanlyMassachusetts Supreme Judicial Court · 1871
- Bonte v. PostelCourt of Appeals of Kentucky · 1900
- Dansro v. ScribnerSupreme Court of Vermont · 1936
- San Marcos Electric Light & Power Co. v. ComptonCourt of Appeals of Texas · 1908
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