Fitzsimmons v. Southwick
Supreme Court of Vermont
This was an action of trespass de bonis, for certain articles of household furniture, and goods, and other personal property, with a count in trover, joined under the statute, for the same articles. The plaintiff’s writ was dated on the 12th of August, 1863. Plea, the general issue, with notice of special .matter in defence. Trial hy jury at the March Term, 1865, Kellogg, J. presiding.
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This was an action of trespass de bonis, for certain articles of household furniture, and goods, and other personal property, with a count in trover, joined under the statute, for the same articles. The plaintiff’s writ was dated on the 12th of August, 1863. Plea, the general issue, with notice of special .matter in defence. Trial hy jury at the March Term, 1865, Kellogg, J. presiding. On trial, the plaintiff’s testimony tended to prove that the articles described in his declaration were in his possession at the 'time of the alleged taking and conversion by the defendant, and that he, the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The action is trespass and trover for various article® of *512personal property, consisting principally of household furniture and provisions which were in and about the dwelling house of Catharine Esler at the time of her decease, of whose estate the defendant was administrator.
It appeared at the trial, beyond dispute, that some of these articles were the property of the intestate at her decease, unless the plaintiff was married to the intestate, as he claimed, and thereby acquired her title. The plaintiff on trial claimed title to a portion of…
2Cited by9 opinions
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- Downs v. BeldenSupreme Court of Vermont · 1874
- Billingsley v. GulickMichigan Supreme Court · 1932
- Melendy v. Clark P.Supreme Court of Vermont · 1881
- Stam v. SmithSupreme Court of Missouri · 1904
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