Stephenson v. Clark
Supreme Court of Vermont
Trespass for taking certain sheep and cattle. Plea, the general issue, with notice of special matter of defence, and trial by jury, June Term, 1847, — Davis, J., presiding.
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Trespass for taking certain sheep and cattle. Plea, the general issue, with notice of special matter of defence, and trial by jury, June Term, 1847, — Davis, J., presiding. On trial the plaintiff proved the taking of the property, on the eleventh of March, 1846, by the defendants; and, to show title in himself in the property, he gave evidence tending to prove, that the property, previous to March 11, 1846, belonged to Mrs. Lucretia Clark; that the plaintiff had labored for her some months previously, upon the farm on which she lived, and in which she had an interest as widow of her deceased…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question, which it seems important to consider in the present case, is that in regard to change of possession of the property in dispute, at the time the plaintiff purchased it. The court below held, as matter of law, that there was no sufficient change of possession, to protect the property from attachment by the creditors of the vendor. This is always a matter of fact, *627when there is any testimony tending to show such change of possession. The change necessary is only one, which the creditors, upon reasonable inquiry, can…
2Cases cited2 opinions
- Hall v. ParsonsSupreme Court of Vermont · 1845
- Wilson v. HooperSupreme Court of Vermont · 1840
3Cited by6 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Burrows v. Stebbins & KenneySupreme Court of Vermont · 1854
- Ewing v. MerkleyUtah Supreme Court · 1884
- Foss v. TowneSupreme Court of Vermont · 1925
- Parker v. KendrickSupreme Court of Vermont · 1857
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