Tobias v. Francis
Supreme Court of Vermont
This was an action of trover brought to recover the value of certain carding machines. Plea, the general issue. At 'the trial in the county court it appeared in evidence, that the plain-tiffbad conveyed, by deed, to John F. Hutchinson a small piece of land, with a woolen factory standing thereon,anti all the machinery therein and thereto belonging ; and,at the same time, Hutchinson executed to the plaintiff a mortgage deed of the same premises, including the machinery, to…
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This was an action of trover brought to recover the value of certain carding machines. Plea, the general issue. At 'the trial in the county court it appeared in evidence, that the plain-tiffbad conveyed, by deed, to John F. Hutchinson a small piece of land, with a woolen factory standing thereon,anti all the machinery therein and thereto belonging ; and,at the same time, Hutchinson executed to the plaintiff a mortgage deed of the same premises, including the machinery, to secure the payment of the purchase money. Hutchinson, immediately after the sale, took possession of the premises, and…
1Per curiam
The carding machine was not connected with the building in which it stood otherwise than by a band, and might be removed and used in any other similar building ; and situated as it was, it must be regarded as personal property, and as such liable to be taken and sold on execution. The other point in the case is not so clear. The general rule is, that a mortgage of a personal chattel is of no validity against the creditors of the mortgagor, without a delivery of possession to the mortgagee ; but whether this case, under the particular circumstances of it, ought not to be considered an…
2Cases cited1 opinion
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
3Cited by8 opinions
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- Hill v. WentworthSupreme Court of Vermont · 1856
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Woodward v. GatesSupreme Court of Vermont · 1837
- Enright v. DodgeSupreme Court of Vermont · 1892
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