Russell v. Fillmore
Supreme Court of Vermont
Trover for part of a mow of wheat. Plea, not guilty, and trial by jury. On the trial in the county court it appeared that, on the 7th of January, 1841, the defendant took the wheat in question, as an officer, by virtue of a legal process against one Darius Heflon, — that said wheat was grown by said Heflon upon the farm of one Cynthia Russell, under a contract between them, that Heflon should carry on said farm for one year from the spring of 1840, and have half the crops…
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Trover for part of a mow of wheat. Plea, not guilty, and trial by jury. On the trial in the county court it appeared that, on the 7th of January, 1841, the defendant took the wheat in question, as an officer, by virtue of a legal process against one Darius Heflon, — that said wheat was grown by said Heflon upon the farm of one Cynthia Russell, under a contract between them, that Heflon should carry on said farm for one year from the spring of 1840, and have half the crops raised thereon, — that Heflon lived in one house on said farm and the said Cynthia in another, — that, previous to the 22d…
1Opinion of the Court
*135The opinion of the court was delivered by
Redfield, J.
In the present case it is not necessary to go into any nice learning in order to determine whether the contract between Heflon and Cynthia Russell, by which the plaintiff claims title to the property sued for, was a pledge or pawn, a mortgage, or a mere lien, as, in either case, the decision of the questions involved must be the same.
1. The question of possession. If it appear by the case, that the possession, in fact, remained in Heflon until the attachment by the defendant, it must be fatal to the case in either view. As a pledge merely,…
2Cited by7 opinions
- Samson v. RouseSupreme Court of Vermont · 1900
- Jennings v. GallagherSupreme Court of Vermont · 1931
- Vermont Evaporator Co. v. TaftSupreme Court of Vermont · 1935
- Seymour v. CooperSupreme Court of Vermont · 1853
- Kimball v. HildrethMassachusetts Supreme Judicial Court · 1864
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