Stiles v. Shumway
Supreme Court of Vermont
Trover for a pair of oxen, a mare, several young cattle, and other property. Plea, the general issue, with notice of special matter, and trial by jury. The property was taken by the defendant as constable, on a writ of attachment in favor of L. Merefield & Co. against William H. Stiles, as the property of Wm. H. Stiles. The plaintiff claimed the property by virtue of a sale from Wm. H. Stiles to him. The property, at the time of the attachment, was on the farm on which Wm.
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Trover for a pair of oxen, a mare, several young cattle, and other property. Plea, the general issue, with notice of special matter, and trial by jury. The property was taken by the defendant as constable, on a writ of attachment in favor of L. Merefield & Co. against William H. Stiles, as the property of Wm. H. Stiles. The plaintiff claimed the property by virtue of a sale from Wm. H. Stiles to him. The property, at the time of the attachment, was on the farm on which Wm. H. Stiles then lived, and which he had formerly owned and had occupied for fifteen or sixteen years, and the plaintiff,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The property in question was attached as the property of William H. Stiles by one of his creditors, and the plaintiff claims title from William H. Stiles by reason of a previous sale to him. We think there was no sufficient change in the possession to render the sale operative against the creditors of the said William H. Stiles. It was kept on the farm which the vendor had owned and occupied some fifteen years, and was there when attached. The vendor and his family, of which the plaintiff was one, lived upon the farm. The plaintiff was a…
2Cited by3 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Foss v. TowneSupreme Court of Vermont · 1925
- Murray & Reed v. ChadwickSupreme Court of Vermont · 1880