Kelsey v. Kendall
Supreme Court of Vermont
TROVER for a gray mare. The case was referred, and the referee reported that on the 19th of September, 1872, the plaintiff sold a bay mare to Charles and Edward Mero, for seventy-five dollars, and took their note therefor, still unpaid, with a clause therein that the mare was to be the plaintiff’s till the note was paid ; that the mare thereupon went into the possession of the said Edward, for whom she was bought, and that neither the note, nor any memorandum witnessing the…
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TROVER for a gray mare. The case was referred, and the referee reported that on the 19th of September, 1872, the plaintiff sold a bay mare to Charles and Edward Mero, for seventy-five dollars, and took their note therefor, still unpaid, with a clause therein that the mare was to be the plaintiff’s till the note was paid ; that the mare thereupon went into the possession of the said Edward, for whom she was bought, and that neither the note, nor any memorandum witnessing the plaintiff’s lien, was ever recorded ; that soon thereafter the said Edward desired to swap said mare with one Dane for a…
1Opinion of the Court
The opinion of the court tvas delivered by
Royoe, J.
The plaintiff sold the bay mare described in the report to the Meros on the 19th of Sept. 1872, and reserved a lien thereon to secure the payment of the purchase money. This lien was evidenced by a stipulation contained in a note that was given by said Meros to the plaintiff for the price that was agreed to be paid for said mare. No record was ever made of this note in the town clerk’s office in the town where the parties to the contract then resided.
Soon after the sale of the bay mare to the Meros, they became desirous of exchanging her with…
2Cases cited2 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Bay v. GageNew York Supreme Court · 1862
3Cited by9 opinions
- Town of Hartland v. Damon's EstateSupreme Court of Vermont · 1931
- State v. ProutySupreme Court of Iowa · 1900
- Scovel v. Levy's HeirsSupreme Court of Louisiana · 1907
- State v. KiblingSupreme Court of Vermont · 1891
- Desany v. ThorpSupreme Court of Vermont · 1897
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