Wilson v. Hooper
Supreme Court of Vermont
Trespass, for a quantity of personal_property, consisting of hay, grain, horses, cattle, hogs, carts, wagons, &c. The defendants justified the taking, under a writ of attachment in favor of the defendant, Hooper, against Jotham Wilson, by virtue of which, the defendant, Downer, as deputy sheriff, attached the property in question as the property of said Jotham.
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Trespass, for a quantity of personal_property, consisting of hay, grain, horses, cattle, hogs, carts, wagons, &c. The defendants justified the taking, under a writ of attachment in favor of the defendant, Hooper, against Jotham Wilson, by virtue of which, the defendant, Downer, as deputy sheriff, attached the property in question as the property of said Jotham. Upon the trial in the county court, it appeared that, previous to the fifth of October, 1837, the property in question belonged to said Jotham Wilson, and was kept upon a farm in the town of Johnson, which farm had been cultivated by…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— The rule of law that requires a substantial change in the possession of personal property, upon a sale, *655in order to protect the rights of the vendee, is one of policy, and upon no other ground can a court be justified in holding a sale fraudulent, per se, which, to' a jury, is proved to be bona fide, and, in fact, free from the imputation of any fraud
It may well be supposed that every person, so long as he is the owner of property, needs, for his- own convenience and use, the possession of it, and if upon the sale, the vendor is required…
2Cited by4 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Mussey v. ScottSupreme Court of Vermont · 1859
- Stephenson v. ClarkSupreme Court of Vermont · 1848
- Foss v. TowneSupreme Court of Vermont · 1925