Hutchins v. Gilchrist
Supreme Court of Vermont
Trespass for taking a quantity pine logs. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1848, — Poland, .T., presiding.
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Trespass for taking a quantity pine logs. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1848, — Poland, .T., presiding. On trial the plaintiffs, to prove their title to the logs in question, gave in evidence a bill of sale from Sullivan G. Hutchins to themselves, dated January 10, 1848, which was signed by each of the parties to it, and was in these words:— “ This certifies, that the undersigned Sullivan G. Hutchins has, £ for value received, sold to Wm. V. Hutchins and Ezra Hazeltine, ‘ undersigned, all the starch in Barnet, Vt., which…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is a contest between the creditors of Sullivan G. Hutchins. The plaintiffs claim title to the logs in question under a bill of sale, executed the tenth of January, 1848, and the defendants under an attachment made the next morning, and a subsequent sale on execution. No question was raised in the court below in regard to the bona fide character of the bill of sale.
The court, as matter of law, directed a verdict for the defendants, for the want of a sufficient change in the possession of the logs. The logs in question are found to be a…
2Cases cited3 opinions
- Mills v. CampSupreme Court of Connecticut · 1841
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- Shindler v. HoustonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by13 opinions
- Leonard v. DavisSupreme Court of the United States · 1862
- Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Sterling v. BaldwinSupreme Court of Vermont · 1869
- Ross v. DraperSupreme Court of Vermont · 1883
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