Esty v. Love
Supreme Court of Vermont
Bepleyin for a horse and harness. The case was referred to a referee who reported certain facts showing that the property replevied belonged to the plaintiff and, while in his possession, was attached and taken in a suit in favor of the defendant Love against one Mallory.
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Bepleyin for a horse and harness. The case was referred to a referee who reported certain facts showing that the property replevied belonged to the plaintiff and, while in his possession, was attached and taken in a suit in favor of the defendant Love against one Mallory. The writ on which this attachment was made was served by the defendant Myers, to whom it was directed as an authorized person, blit the attachment was made by him under Love’s directions, who was with him at the time and assisted him in taking and removing the property, and had it in his actual custody when it was replevied.…
1Opinion of the CourtBarrett, J.
The report of the referee shows a state of facts which upon settled principles of law invests the plaintiff with full *745title to the property in question, both as against Mallory and wife, and their creditors. The counsel for the defendants does not seem to really rely in argument on the want of sufficient title in the plaintiff to entitle him to the possession of the property.
The ground of defence that is relied upon and urged is, that replevin in a case like the present, should be brought solely against the officer who attached the property. This is sought to be maintained upon the authority…
2Cited by3 opinions
- Talbot v. MageeMissouri Court of Appeals · 1894
- Engel v. DadoNebraska Supreme Court · 1902
- Carr v. SeveneSupreme Court of Vermont · 1874