Woodward v. Gates
Supreme Court of Vermont
This was an action of trover for a horse. Plea not guilty On the trial of said issue by the jury, it was conceded that, on the 24th day of March, 1835, the plaintiff owned said horse. The plaintiff then' offered to give evidence, tending to provp that he resided at Jefferson, in the State of.
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This was an action of trover for a horse. Plea not guilty On the trial of said issue by the jury, it was conceded that, on the 24th day of March, 1835, the plaintiff owned said horse. The plaintiff then' offered to give evidence, tending to provp that he resided at Jefferson, in the State of. New Hampshire that John Jewell of Lunenburgh, in said county of Essex, callet on the plaintiff, at Whitefield, in New Hampshire, and contracted with him for said horse, together with three others, and some other personal property, consisting of a wagon, sled, and four harnesses, and executed therefor his…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Cb. J.
The sale of the property in- question, by the plaintiff to Jewell, appears to have been perfected. A note was executed for the purchase money and a mortgage of the same property, to secure the payment. In this mortgage it is recited that the property was bought by Jewell of the plaintiff, and Jewell covenanted that he was the owner. The contract between the parties cannot be treated as a sale by the plaintiff to Jewell, not to be perfected or completed until the performance of the condition. The title of the plaintiff accrued by the…
2Cases cited1 opinion
- Tobias v. FrancisSupreme Court of Vermont · 1830
3Cited by6 opinions
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- Enright v. DodgeSupreme Court of Vermont · 1892
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