Legal Opinion

Potter v. Washburn

Supreme Court of Vermont

Decided March 15, 1841PublishedCited by 17 opinions

Trespass, for taking and carrying away five hundred cedar posts. Plea, not guilty, with notice of special matter, and further notice that the posts were taken and sold as the property of Amasa Huntington on an execution in favor of Joseph A. Wing, and also as the property of James Pittsley on an execution in favor of Lawrence & Lamb. Issue to the country. Verdict and judgment in the county court for the plaintiff.

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Trespass, for taking and carrying away five hundred cedar posts. Plea, not guilty, with notice of special matter, and further notice that the posts were taken and sold as the property of Amasa Huntington on an execution in favor of Joseph A. Wing, and also as the property of James Pittsley on an execution in favor of Lawrence & Lamb. Issue to the country. Verdict and judgment in the county court for the plaintiff. On the trial in the county court, the plaintiff introduced testimony, tending to prove that said Huntington cut the posts in question in Harris’ Gore and carried them to the town of…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The apparent importance of this cause to the parties, and.the extent of erudition, as well as of minute criticism, which the discussion at the bar has put in requisi*564tion, might, perhaps, have justified a more extended opinion. But the very great number of cases which it becomes necessary, under the present law, to report, makes it indispensable to study brevity.

We think the change of possession was sufficient. Where property, at the time of the sale, is in the actual custody of some bailee or depositary for the vendor, all that is…

2Cited by17 opinions

  1. Blondin v. BrooksSupreme Court of Vermont · 1910
  2. Bloyd v. PollockWest Virginia Supreme Court · 1885
  3. Stockley v. CissnaCourt of Appeals for the Sixth Circuit · 1902
  4. Metzger v. EllisNew Mexico Supreme Court · 1959
  5. Flanagan v. WoodSupreme Court of Vermont · 1860

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