Leavitt v. Jones
Supreme Court of Vermont
Replevin for sixty-two sheep and fifty-two fleeces of wool. Plea, not guilty. Heard by the court, December Term, 1881, Taft,.J., presiding. The court rendered judgment for the return of seven of the nine lambs sold by Leavitt to his wife, and one cent damages, and neither party to recover any costs. Both parties excepted.
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Replevin for sixty-two sheep and fifty-two fleeces of wool. Plea, not guilty. Heard by the court, December Term, 1881, Taft,.J., presiding. The court rendered judgment for the return of seven of the nine lambs sold by Leavitt to his wife, and one cent damages, and neither party to recover any costs. Both parties excepted. It appeared that the defendant, an officer, had attached the sheep and wool named in the replevin writ, on a writ in favor of a creditor of said Yan Burén ; that the said wife bought of her husband nine lambs, and paid him for them; that at the time of the sale, in the fall…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The sheep replevied were attached upon a writ against the plaintiff, Yan Burén Leavitt; and the only question presented is as to the ownership of seven of said sheep, survivors of a lot of nine lambs, which were sold by the said Yan Burén to his wife, Eliza J., in the fall of 1875, and eleven others, the increase of said nine. The sale by the husband to the wife, shown by the case to have been for a valuable consideration, was *426valid. Richardson v. Merrill’s Est., 32 Vt. 27 ; Richardson v. Wait, 39 Vt. 535 ; Child v. Pearl, 43 Vt. 224; Bent…
2Cases cited12 opinions
- Bellows v. WellsSupreme Court of Vermont · 1864
- Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
- Bent v. BentSupreme Court of Vermont · 1872
- Child v. PearlSupreme Court of Vermont · 1870
- Jewett v. GuyerSupreme Court of Vermont · 1865
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- Walston v. AllenSupreme Court of Vermont · 1909
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