Legal Opinion

Bowen v. Amsden

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 1 opinion

Replevin for divers wagons, sleighs, carts, harnesses, and farm implements, including a safe and platform scales. Plea, not guilty, and avowry of the taking by the defendant as deputy sheriff, on the 22d of May, 1872, by virtue of a writ of execution against the said Henry.

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Replevin for divers wagons, sleighs, carts, harnesses, and farm implements, including a safe and platform scales. Plea, not guilty, and avowry of the taking by the defendant as deputy sheriff, on the 22d of May, 1872, by virtue of a writ of execution against the said Henry. Trial by the court, May term, 1874. It was shown that the plaintiffs were, and for many years had been, husband and wife, living together, and for twenty and more years, and still, residing in Weathersfield in this state, on a farm and homestead belonging to the wife ; that said property had been occupied, managed, and…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, Ch. J.

The only question here involved is, whether there was such a change of possession of the property in question at the time it was transferred by Henry S. Bowen to his brother Otis E. Bowen, and by the said Otis to Caroline P. Bowen, the wife of Henry S., as to prevent its being legally attached by the creditors of Henry S. as his property. No question is made in this court as to the scales and safe. As to the other property, it appears that up to the time of said transfers, Henry S. was the owner of it; that the farm on which the…

2Cases cited1 opinion

  1. Holton v. WhitneySupreme Court of Vermont · 1856

3Cited by1 opinion

  1. Plaisted v. HolmesSupreme Court of New Hampshire · 1878

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