Barney v. Brown
Supreme Court of Vermont
This was an action of trespass originally brought before a justice of the peace, and came into the county court by appeal, where a statement of facts was agreed on by the parties ; from which it appeared, That in the spring of 1827, one James Pindergrass of Highgate agreed with one Roger Barney of said Highgate to keep twenty two sheep for him, at a price agreed upon between them ; and the sheep were accordingly put upon the farm of the said Roger, and run there with his…
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This was an action of trespass originally brought before a justice of the peace, and came into the county court by appeal, where a statement of facts was agreed on by the parties ; from which it appeared, That in the spring of 1827, one James Pindergrass of Highgate agreed with one Roger Barney of said Highgate to keep twenty two sheep for him, at a price agreed upon between them ; and the sheep were accordingly put upon the farm of the said Roger, and run there with his sheep in the same pasture until some time in June of the same year, when the plaintiff purchased eleven of said sheep of…
1Opinion of the Court
The opinion of the Court was delivered by
Pkentiss, J.
The sheep in question were attached by the defendant as the properly of Pindergrass, and are claimed by the plaintiff under a previous sale from Pindergrass to him. The plaintiff paid a valuable consideration for the sheep, and the only question is, whether there was such a delivery and change of possession, as rendered the sale valid as against the defendant, a creditor of Pindergrass.
The sheep, at the time of the sale as well as of the attachment, were in the keeping of Barney, who had undertaken to pasture twenty-two sheep for…
2Cited by10 opinions
- Shriner v. MeyerSupreme Court of Alabama · 1911
- Dodge v. JonesMontana Supreme Court · 1887
- Williams v. LerchCalifornia Supreme Court · 1880
- Albert Wing & Son v. PeabodySupreme Court of Vermont · 1885
- Barber v. AndrewsSupreme Court of Rhode Island · 1908
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