Kezar v. Elkins
Supreme Court of Vermont
Trover for five horses, &e. Plea, the general issue, and trial by jury, April Term, 1878, Franklin County, Royce, J., presiding. The defendant admitted the taking of the property in question, but claimed title thereto through a sheriff’s sale thereof to him on an execution against the plaintiff in favor of William P. Ewins.
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Trover for five horses, &e. Plea, the general issue, and trial by jury, April Term, 1878, Franklin County, Royce, J., presiding. The defendant admitted the taking of the property in question, but claimed title thereto through a sheriff’s sale thereof to him on an execution against the plaintiff in favor of William P. Ewins. It appeared that Ewins had recovered judgment against the plaintiff by default on a declaration in the common counts in assumpsit, and that the property was in fact sold to the plaintiff by' the sheriff, on execution issued on the judgment. The plaintiff claimed, and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Ewins had recovered judgment against the plaintiff, and the property sued for was in our legal form sold by the sheriff on the execution issued on said judgment. The plaintiff claimed that the judgment had been paid, and that the sale to the defendant was by arrangement with defendant that he should bid in the property for the benefit of the plaintiff.
I. The plaintiff offered to show that at the time of the rendition of said judgment he had a claim in offset against said Ewins’s claim which was not considered or deducted in making up said…
2Cases cited4 opinions
- Gray v. PingrySupreme Court of Vermont · 1845
- Pierson v. GaleSupreme Court of Vermont · 1836
- Squires v. WhippleSupreme Court of Vermont · 1829
- Atwood v. RobbinsSupreme Court of Vermont · 1863
3Cited by1 opinion
- Hutchins v. GeorgeSupreme Court of Vermont · 1918