Fitch v. Burk
Supreme Court of Vermont
Trover for a quantity of wood. Plea, the general issue, and trial by jury, May Term, 1865, Barrett, J. presiding. The facts are fully, stated in the opinion.
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Trover for a quantity of wood. Plea, the general issue, and trial by jury, May Term, 1865, Barrett, J. presiding. The facts are fully, stated in the opinion. The court having instructed jbe jury that if'they should find that the contract of the plaintiff with . Nutting, who sold the wood, was for one hundred cords of wood in the trees stanching, followed by a separate contract for chopping, in no- way affecting the contract of purchase, then there was no need of a removal pf the wood from the land of Nutting by the plaintiff in order to give him-a valid title as against the attachment of…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J,
By a long series of decisions in this state, if the vendee permits personal property, which he has purchased, to remain in the vendor’s possession, the sale is held to be void as to the vendor’s attaching creditors whether it is in fact fraudulent or not. The rule is limited to personal property. The question in issue here is upon the application of this general rule to this case. The plaintiff sues for the value of sixty-seven cords of wood which the defendant, as an officer, attached upon a writ against one Nutting from whom the plaintiff…
2Cases cited3 opinions
- Warren v. LelandNew York Supreme Court · 1847
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- Birge v. EdgertonSupreme Court of Vermont · 1856
3Cited by12 opinions
- Sterling v. BaldwinSupreme Court of Vermont · 1869
- Byles v. ColierMichigan Supreme Court · 1884
- Ross v. DraperSupreme Court of Vermont · 1883
- Leavitt v. JonesSupreme Court of Vermont · 1882
- Kingsley v. WhiteSupreme Court of Vermont · 1885
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