Calkins v. Clement
Supreme Court of Vermont
Replevin for one horse. Heard on an agreed statement, March Term, 1881, Essex County, Ross, J., presiding. Judgment for the plaintiff. The writ was served July 12, 1880 ; chattel mortgage was dated July 15,1879. On April 1st, 1877, the plaintiff gave the defendant a bond for a deed of certain real estate, and received therefor seventeen $100 notes, payable one note each year.
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Replevin for one horse. Heard on an agreed statement, March Term, 1881, Essex County, Ross, J., presiding. Judgment for the plaintiff. The writ was served July 12, 1880 ; chattel mortgage was dated July 15,1879. On April 1st, 1877, the plaintiff gave the defendant a bond for a deed of certain real estate, and received therefor seventeen $100 notes, payable one note each year. At the March Term, 1880, the plaintiff brought his petition of foreclosure against the defendant, obtained a decree, and the decree became absolute, May 15, 1880, by the failure of the defendant to pay. It was agreed…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is replevin for one horse. The cause is submitted upon a case stated, with certain exhibits. The defendant, on the 15th of July, 1879, conveyed this horse, with other property, to the plaintiff, by a written instrument without seal, in consideration of $200, with the condition annexed, “ that if said Clement shall draw timber and pay, or cause to be paid, *637the above $200, on or before the 2d day of April next, then said deed to be null and void, otherwise in full force in law.” The case stated does not show whether the timber had…
2Cases cited4 opinions
- Lovell v. LelandSupreme Court of Vermont · 1831
- Paris v. HulettSupreme Court of Vermont · 1854
- Thomas v. WarnerSupreme Court of Vermont · 1843
- Woodstock Bank v. LamsonSupreme Court of Vermont · 1863
3Cited by8 opinions
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Bean v. ParkerSupreme Court of Vermont · 1915
- Campbell v. BryantSupreme Court of Vermont · 1925
- Smith v. WoodSupreme Court of Vermont · 1891
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