Earl v. Stevens
Supreme Court of Vermont
Trover. Heard, on a referee’s report, December Term, 1883, Powers, J., presiding. Judgment for the defendant. The action was for the conversion of one horse and four cows; and the defendant justified as sheriff, having sold the property on an execution in favor of A. D. Robbins against Riley Earl, a son of the plaintiff.
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Trover. Heard, on a referee’s report, December Term, 1883, Powers, J., presiding. Judgment for the defendant. The action was for the conversion of one horse and four cows; and the defendant justified as sheriff, having sold the property on an execution in favor of A. D. Robbins against Riley Earl, a son of the plaintiff. The referee found, that, “ as between the plaintiff and said Riley, the title to said horse and cows was in the plaintiff ” ; that the plaintiff in the winter of 1879-80 went to New York to take care of his aged father, and left his farm in Eden in charge of his son Riley, on…
1Opinion of the Court
*477The opinion of the court was delivered by
Ross, J.
The referee has found that the plaintiff owns the property in contention. This entitles him to recover unless his conduct in regard to the property has been such, that he is estopped from denying -that the property belongs to his son Riley, as regards the attaching creditor, Robbins. It is not found that the plaintiff had ever told Robbins, or any other of his son’s creditors, that his son owned the property. Having occasion to be absent from home, he left certain personal property on his farm in Eden in the care and possession of his son, with…
2Cited by9 opinions
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- Wells v. AustinSupreme Court of Vermont · 1886
- Hard v. BurtonSupreme Court of Vermont · 1890
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